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LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA, 










1 



ILLINOIS AND THE NATION: 



How They are Governed. 



Chicago and Cook County 
Edition. 




BY . -^scri!!-^^ / 

OLIVER R. TROWBRIDGE, ^^ ^ ^ ^ 



Member of the Chicago Bar. 



Eigtiteenth Edition. — Revised. 



CHICAGO : 

A. FLANAGAN, Publisher. 

1895. 



Copyright 1895 

BY 

OLIVKR R. TRO^?^/BRIDGE. 



CONTENTS 



CHAPTER I. 

Government of Chicago. 
legisi.ative department. 

PAGE. 

The Mayor vii. 

The Aldermen viii. 

The City Council ix. 

The City Clerk. xi. 

EXECUTIVE DEPARTMENT. 

The Mayor , xi. 

Department of Finance xiii. 

Department of Public Works xv. 

Department of Buildings xviii. 

Law Department xxi. 

Department of Health xxii. 

Department of Police xxiv. 

Fire Depa? tment xxiv. 

JUDICIAI. DEPARTMENT. 

Police Courts xxix. 

House of Correction xxx. 

MISCEI.I.ANEOUS. 

The Chicago Public Library xxxi. 

Park Commissioners xxxii . 

Sanitar}' District of Chicago xxxiii. 

Election Commissioners xxxiv. 

Public School System xxx vi. 

Civil Service Commission, xliii. 



CONTENTS. 



CHAPTER II. 

GOVKRNMENT OF COOK COUNTY. 

PAGE. 

Board of County Commissioners xliv. 

Clerk of Board and County Comptroller xlvi. 

Committee on Finance xlvii. 

Committee on Public Service xlvii. 

Superintendent of Public Service xlvii. 

General Superintendent of Institutions at Dunning xlviii. 

County Farmer xlix. 

Warden of County Hospital. xlix. 

County Physician xlix. 

County Agent .xlix. 

County Attorney . .1. 

County Normal School li. 

County Board of Education li. 

Circuit Court , lii. 

Superior Court lii. 

Criminal Court liii. 

County Court liii. 

Probate Court. liii. 

Appellate Court, First District of Illinois liv. 

Clerks of the Courts Iv. 

Officers of Cook Counlj^. Iv. 



CHICAGO AND COOK COUNTY. 



CHAPTER I. 
THE GOVERNMENT OF CHICAGO. 

Departments.— In the government of the City of 
Chicago, the three departments — legislative, executive 
and judicial — are recognized, but, as in the government 
of the State and Nation, they are not entirely distinct. 
The maj^or is the chief executive officer, but he is also a 
member of the law-making body of the city — the city 
council, which consists of the mayor and aldermen. 

LEGISLATIVE DEPARTMENT. 

the: mayor. 

Leg-islative Duties. — As a member of the city coun- 
cil, the mayor presides at its meetings, and once a year, 
or oftener if necessary, advises it in writing concerning 
the city's affairs. He signs such ordinances passed by 
the aldermen as he approves, and vetoes such as he dis- 
approves. When he vetoes an ordinance it is recon- 
sidered by the council, and, if passed again by a vote 
of two-thirds of the aldermen, it becomes valid in spite 
of the mayor's veto; otherwise, it is of no force. The 
mayor has a vote in the council only in case of a tie. 



VIU CHICAGO AND COOK COUNTY. 

THE AI.DERMEN. 

Number. — The number of aldermen which cities shall 
have is fixed by the state legislature, according to the 
number of population and extent of territory. Chicago 
has sixty-eight aldermen. 

Wards. — The city is divided by the council into half 
as many wards as there are aldermen. The wards are of 
as nearly equal population and as compact in territory as 
practicable. Each ward elects two aldermen. 

Eligibility. — An alderman must be a qualified voter, 
and a resident of the ward for which he is elected. 

Disabilities. — An alderman must not be indebted to 
the city for any tax or other liability, and must not have 
been convicted of malfeasance, bribery, or other corrupt 
practices or crimes. He must not be directly or indirectly 
interested in any contract to which the city is a party, 
and must not, individually, or as a member of any firm, 
be engaged in any business transaction with the city, 
through its mayor or other ofiicers or agents, whereby 
any of the city's money shall be paid directly or indirectly 
to himself or his firm. 

An alderman cannot hold any other office of the city 
of Chicago, or receive from it any salary other than that 
of alderman during his term of office. 

A conviction of bribery during the term would vacate 
the office of alderman. 

Compensation. — Aldermen may receive a compensa- 
tion fixed by ordinance, not to exceed three dollars for 
each meeting of the council actually attended by them. 



GOVERNMENT OF CHICAGO. IX 

When once fixed, the pay cannot be changed so as to 
affect the salary of any alderman voting for the change, 
during his term of ofiice. 

Term. — Aldermen are elected for two years, one being 
elected annually from each ward. 

THK CITY COUNCIL. 

Membership. — The council is the judge of the elec- 
tion and qualifications of its own members. (See page 
22, State Government.) 

Proceedure. — The council makes its own rules of 
proceedure, and has power to punish a member for disor- 
derly conduct. By a two-thirds vote of the aldermen 
elected, a member may be expelled, but not twice for the 
same offense. 

The meetings of the council are open to the public. 

The proceedings of the council are recorded in a jour- 
nal kept for that purpose. 

The yeas and nays are taken upon the passage of all 
ordmances; and when the proposition voted upon involves 
any liability on the part of the city, or the payment or 
appropriation of its mone}^ the votes of the members are 
entered upon the journal. This is done also in other 
cases at the request of any member of the council. 

Meeting's. — The times and place of meeting are fixed 
by ordinance. At present the council holds a regular 
meeting every Monday night at the council chambers in 
the city hall. 

Ordinances. — The laws made by the council for the 
government of the city are called "ordinances." All 



X CHICAGO AND COOK COUNTY. 

the ordinances are classified according to the subjects of 
which they treat. Taken together, they are called the 
" municipal code, "just as the classified laws of the State 
are called the ' ' statutes. ' ' 

Duties and Powers. — It is the duty of the council to 
pass all ordinances and rules necessary to carry into effect 
the powers given to the city by the constitution and laws 
of the State. The city, the city council, and all of its 
officers have only such powers as are given by the State 
constitution, or by law, and all ordinances passed by the 
council must be within these powers ; otherwise, they are 
void. About one hundred matters are designated by law 
in relation to which the council may pass proper ordi- 
nances. 

Finance. — The city council controls the finances and 
property of the city. In so doing, it levies and collects 
general and special taxes upon real estate and personal 
property; fixes and. collects many license fees; annually 
appropriates money for current expenses and for the pay- 
ment of the city's debts. It has power to borrow money 
for corporate purposes, but its power to borrow is limited 
to twenty years in each case, and the total indebtedness 
cannot exceed five per cent, of the value of all the taxable 
property in the city. Money borrowed by the city is 
secured by bonds. 

General Powers. — The city council has control over 
the opening, improving and care of streets, alleys, bridges, 
parks and boulevards, and to some extent, of Chicago 
River; the inspection of food, oil, steam boilers, and other 
matters ; the police, fire and health departments, etc. 
These will be more fully treated in another place. 



govi:rnme:nt of Chicago. si 

THE CITY CLERK. 

Nature of Duties.— The duties of the city clerk are 
largely in connection with the city council, and he is 
under its dn-ection to a certain extent, while he is not 
under the control of the mayor as chief executive officer 
of the city. For these reasons he is classed in the munic- 
ipal code as a member of the legislative department. It 
must be remembered, however, that he has no law-mak- 
ing power, and, strictly speaking, his duties are executive 
rather than legislative in their nature. 

Duties. — The city clerk keeps the corporate seal and 
all papers belonging to the city. He attends the meetings 
of the city council, and keeps a full record of its proceed- 
ings in the journal. He records in a book kept for that 
purpose all ordinances passed by the council, delivers all 
ordinances passed by the council to the ma3^or for his 
signature, and attends to certain other matters in connec- 
tion with ordinances and their passage by the council 
necessary to give them legal effect. 

Deputy and Assistants.— The city clerk appoints a 
deputy clerk, commonly known as his chief clerk, who, 
in the absence of the clerk, has power to perform all the 
duties of the office. The clerk is furnished with as many 
other assistants as the business of his office ma}^ require. 
They are all paid by the city. 

Term. — The city clerk is elected by the legal voters 
of the city for a term of two years. 

KXKCUTIVE DEPARTMENT. 

THE MAYOR. 

Chief Executive.— The mayor is the chief executive 
officer of the city. He has control over all heads of 



Xli CHICAGO AND COOK COUN'TY. 

departments appointed by him, and over their subordinates, 
and can remove them from office under certain circum- 
stances. It is his duty to see that the laws .and ordinances 
are faithfully executed. 

Elig-ibility.— The mayor must be a citizen of the 
United States, and reside within the city limits. 

Release of Prisoners. — The mayor may release any 
person imprisoned for a violation of the city ordinances ; 
but it is his duty to report such release, with the cause, 
to the council at its next meeting, 

Peace Officer. — Within the city limits the mayor has 
the same power as a sherifi to suppress disorder and keep 
the peace 

He has power, when necessary, to call on every male 
inhabitant of the city over the age of eighteen years to 
aid in enforcing the laws and ordinances, and to call out 
the militia in case of riot and other disorderly conduct, 
or to carry into effect any law or ordinance ; but his power 
over the militia is subject to the authority of the governor 
of the State as commander-in-chief. 

Records. — The mayor has power at all times to exam- 
ine and inspect the books, records and papers of any 
agent, employe or officer of the city. 

Secretary and Clerks. — The mayor appoints a 
secretary and two clerks to assist him in his office duties. 
Their salaries are paid by the city. 

Term. — The mayor is elected for a term of two years. 



GOVERNMENT OE CHICAGO. XIU 

DIVISIONS OF THE HXKCUTIVE DEPARTMENT. 

Officers Classified. — The work of the executive 
department, under the mayor, is subdivided into other 
departments, carried on by ofl5cers known as the heads 
of the several departments, and their assistants. Except 
as otherwise specified, these ofiicers are appointed by the 
mayor, by and with the advice and consent of the city 
council, and serve two years. The divisions of the exec- 
utive department, as provided in the municipal code, are 
as follows: Department of Finance, Department of Public 
Works, Department of Buildings, Department of Law, 
Department of Health, Department of Police, and Fire 
Department. 

DEPARTMENT OF FINANCE. 

Scope and Officers.— The department of finance 
has control of the fiscal affairs of the city. It is composed 
of the comptroller, the city treasurer and the city collector, 
and all their clerks and assistants. 

Comptroller. — The comptroller is the head of the 
finance department, and has the management and control 
of its affairs. He exercises a general supervision over 
all the ofl&cers of the city who receive, collect or pay out 
its money. He has supervision over all the debts, con- 
tracts and propert}^ of the city, and the payment of inter- 
est ; also over all legal or other proceedings involving the 
interests of the city. He revises, audits and settles the 
accounts of the city, and enforces proper conduct, accounts 
and reports from all officers under his supervision. All 
officers handling the money of the city are required to 



XIV CHICAGO AND COOK COUNTY. 

account to the comptroller in writing, under oath, once 
each month. 

All warrants drawn on the city treasurer for the pay- 
ment of money are signed by the mayor and counter- 
signed by the comptroller. 

He makes a monthly statement to the city council, 
giving a detailed account of the affairs of his office for the 
previous month. Annually he prepares for publication a 
full and detailed statement of the receipts and expendi- 
tures of the last fiscal year. 

Each year before the annual appropriations are made 
by the council, the comptroller submits to it a report of 
the estimates necessary, as near as he can determine, to 
pay the expenses of the city for the current year. 

The comptroller appoints, with the consent of the 
mayor, all his assistants and clerks, and requires such as 
handle the money of the city to give bonds. He is 
responsible for the official acts of his assistants and clerks. 

He gives a bond of 

J I, GOO, GOO. 

Treasurer. — The city treasurer receives and safely 
keeps all money belonging to the city, and pays it out 
only on the order of the mayor and comptroller. His 
books are always open to inspection by any member of 
the city council. 

He reports every month, under oath, to the city 
comptroller, the state of the treasury, and the balance of 
money on hand. 

He makes to the city council, as often as required, a 
detailed statement of all the receipts and expenditures of 



GOVERNMENT OE CHICAGO. XV 

his office. He also files with the city clerk a full and 
detailed annual account of his receipts and expenditures 
for the last fiscal year. The fiscal year of the city is the 
same as the calendar year. The annual account of the 
treasurer is published by the clerk in some newspaper 
printed in Chicago. 

The treasurer also reports to the comptroller whenever 
any officer of the city authorized to receive its money 
fails to make return of the money received by him, as 
required by law, or by the city ordinances. 

He appoints all his assistants and clerks. 

They are all paid by the city. 

He gives bond for not less than double the amount of 
the estimated taxes and special assesments for the current 
fiscal year. 

The city treasurer is elected for a term of two years. 

Collector. — The city collector collects license fees and 
payments due the city upon special assessments for street 
improvements and the like, when they are paid directly 
to the city. After April first of each year, the collection 
of special assessments is turned over to the county treas- 
urer, who is ex officio county collector, and may then be 
paid with general taxes. 

The city collector makes daily payments to the city 
treasurer of all money collected by him, and makes a 
monthly statement to the comptroller of all moneys 
received by him. He gives a bond for $250,000. 

DEPARTMENT OF PUBIvIC WORKS. 

Officers. — The department of public works embraces 
the commissioner of public works, the commissioner's 



XVI CHICAGO AND COOK COUNTY. 

secretary, the deputy comtQissioner of public works, the 
city engineer, the superintendent of streets, the superin- 
tendent of street and alley cleaning, the superintendent 
of water, the superintendent of sewerage, the superin- 
tendent of special assessments, the superintendent of 
maps, and their assistants. 

Commissioner of Public Works.— The commissioner 
is the head of the department, and has the management 
of all matters pertaining to it. With the consent of the 
mayor, he appoints the other officers mentioned above, 
except the deputy commissioner, who is appointed by the 
mayor, and the superintendent of street and alley clean- 
ing, who is appointed by the mayor, with the advice and 
consent of the council. 

The commissioner has charge of all public improve- 
ments, and of all special assessments. Subject to city 
ordinances, he controls the use of the streets, alleys and 
other public places of the city by telephone and gas com- 
panies, and the like. 

He supervises the expenditure of all moneys in his 
department, and submits to the council, annually, a 
report for the past year, and an estirnate of the necessary 
expenses for the ensuing year. 

He has general charge over all the m.atters mentioned 
below in connection with his subordinate officers. 

Commissioner's Secretary. — This officer delivers to 
the council and to the different departments all written 
communications from the commissioner, attends his office 
during business hours, and has charge of his books and 
papers. 



GOVERNMENT OF CHICAGO. XVll 

City Eng'ineer. — The city engineer performs all ser- 
vices in the department which require the skill and expe- 
rience of a civil engineer. He has charge of the con- 
struction and repair of all bridges, viaducts and water 
works, and the laying of water mains and supply pipes. 

Superintendent of Streets.— This officer has charge 
of the improvement and repair of all streets, alleys and 
other highways, and of the building and repair of side- 
walks. 

Superintendent of Street and Alley Cleaning-.— 

The work of street and alley cleaning is largely done by 
contractors under the supervision of this officer. He is 
appointed by the mayor, with the consent of the council. 

Superintendent of Water. — This officer has special 
charge of the assessment and collection of all water rates 
in the city. He reports daily to the city treasurer all 
moneys received by him. 

Superintendent of Sewerage. — He has charge of 
the construction of all public and private sewers and 
catch-basins, and issues all permits and licenses relating 
to them. 

Superintendent of Special Assessments.— This 

officer has charge of the lajdng out and platting of all 
subdivisions within the city limits, and of making of all 
special assessments on lands for street and alley improve- 
ments. 

Superintendent of Maps. — He keeps the records of 
all maps and plats recorded of lands within the city, 
makes all maps and plats required by the department of 



XVIU CHICAGO AND COOK COUNTY. 

public works, and attends to all matters pertaining to 
street numbers. 

Other OfficePS. — Under the direction of the commis- 
sioner of public works, but not classed as members of 
his department, are a harbor master, a vessel dispatcher, 
two assistant harbor masters and two assistant vessel 
dispatchers. These officers are all appointed by the city 
council. 

Harbor Master.— This officer has general charge of 
the harbor, including the river, and all docks, bridges 
and the city life boats. 

Vessel Dispateher.—The vessel dispatcher, acting 
with the harbor master, has charge of the use and occu- 
pation, by vessels, of the harbor including the river, and 
of the bridge tenders of the city. 

The harbor master wears the same uniform , and receives 
the same pay as a lieutenant of police, and the vessel 
dispatcher, the same as a patrol sergeant of police, though 
they do not belong to the police department. 

DEPARTMENT OF BUILDINGS. 

Officers. — The officers of this department are the 
commissioner of buildings, the commissioner's secretary, 
a deputy commissigner, inspectors of elevators, inspectors 
of standpipes and fire escapes, inspectors of buildings, 
and their assistants. 

Commissioner of Building's. — The commissioner is 
the head of the department. He supervises the erection, 
construction, alteration, repair and removal of all build- 



GOVERNMENT OF CHICAGO. XlX 

ings v/ithin the city, and enforces all ordinances pertain- 
ing to these matters, or to the safety of buildings. 

Any citizen may represent to the commissioner that 
ashes or combustible materials are kept at any place in 
the city in an insecure manner ; or that the doors or stair- 
ways of any factory or workshop, or other place of 
employment, are insufficient for the escape of employes 
in case of fire, panic or accident ; or that the flues or 
heating apparatus, or any part of any building in the 
city are unsafe or dangerous, and if such information is 
found to be true, the commissioner notifies the owner or 
lessee of such building and orders such changes and 
repairs as may be necessary. 

The commissioner inspects all public school buildings, 
public halls, churches, theatres, buildings used for manu- 
facturing or commercial purposes, hotels, apartment 
houses, and other buildings used by large numbers of 
people, and sees that they are safe and so arranged as to 
prevent accidents from fires, overloading of floors, over- 
crowding of passage ways, or other similar causes. 

After proper notice to the person or persons interested 
in the property, the commissioner may order the fire 
department to tear down any defective or dangerous wall 
or building which is built in violation of the building 
ordinance. He may also stop the construction of any 
building when it is being done in a reckless or careless 
manner in violation of the ordinances. 

Commissioner's Secretary,— His duties are sub- 
stantially the same as those of the secretary of the com- 
missioner of public works. 



CHICAGO AND COOK COUNTY. 



Deputy Commissioner.— The deputy building com- 
missioner passes upon all questions relating to the 
strength and stability of buildings, and, in the absence of 
the commissioner, performs all the duties and has all the 
powers of that ofl&cer. 



Inspectors of Elevators.— -These officers, at least 
once in six months, inspect elevators, hoistways and their 
connections in all buildings in the city, except residences 
of one or two families, or less than twenty-five persons. 
The inspectors must be experienced architects, engineers, 
builders, or mechanics. 



Inspectors of Standpipes and Fire Escapes.— The 

duties of these officers are shown by their title. All 
buildings four stories or more in height must have one or 
more metallic standpipes and ladder fire escapes, com- 
bined, with balconies and railings at each floor. What 
is a standpipe? A fire escape? A balcony? 



Inspectors of Building's.— These officers examine 
all buildings in course of construction, alteration or 
repair, and see that the ordinances are observed. They 
also examine all buildings or walls damaged by fire or 
accident, or reported to them as dangerous. They make 
daily reports of property inspected by them. They must 
be architects, mechanical engineers, masons, iron workers, 
carpenters, bricklayers, or stone cutters, who have served 
at least five years at their respective trades, aside from 
their apprenticeships. 



GOVERNMENT OF CHICAGO. 



I,AW DEPARTMENT. 



Officers. — The law department embraces the corpor- 
ation counsel, the city attorne}^, the prosecuting attorney, 
and their assistants. 

Corporation Counsel. — This officer superintends 
all the law business of the city. In conducting it he is 
assisted by the other officers of the department. He 
draws such ordinances and legal papers as may be 
required of him by the council, its committees, or the 
heads of departments. He furnishes written opinions on 
subjects submitted to him by the mayor, city council, 
or any department of the city government. 

City Attorney. — The city attorney draws such ordi- 
nances as the city council, or any of its committees, may 
require of him. He also draws the leases, deeds and 
other papers for the finance department, and all contracts 
for the cit}^ when required by the head of any of its 
departments. 

He keeps a docket of all suits in courts of record in 
which the city is a party. All courts in Cook County, 
except justice courts and police courts, are courts of record. 

He reports annually in writing to the city council, 
showing the cases disposed of during the year, the result 
in each case, and also gives a full list of cases still pending, 
giving such explanations as he may think proper. 

He appoints all assistants in his office, and removes 
them at pleasure. 

The cit}' attorney is elected for a term of two years. 



XXll CHICAGO AND COOK COUNTY. 

Let it be remembered that the mayor, city clerk, city 
treasurer, and city attorney are the only city officers 
elected by the legal voters of the whole city ; that the alder- 
men are elected by the legal voters of their respective wards; 
that nearly all other principal officers are appointed by the 
mayor, with the consent of the council, and that, as a 
rule, subordinate officers and assistants are appointed by 
the heads of the several departments. 

Prosecuting' Attorney.— This officer is charged 
with the prosecution of all suits for the violation of the 
city ordinances before justices of the peace and police 
courts and in the criminal court when appeals are taken 
from justice or police courts. 

DEPARTMENT OF HEALTH. 

Officers. — The department of health embraces the 
commissioner of health, the superintendent of police, and 
the city physician, with their assistants. 

Commissioner of Health.— The commissioner exer- 
cises a general supervision over the sanitary condition of 
the city. He adopts measures to arrest the progress of 
malignant, contagious or pestilential diseases, and gives 
the mayor and other authorities of the city information 
and advice on matters of public health whenever requested 
so to do. 

For the purpose of enforcing the laws and ordinances 
for the preservation of the public health, the commis- 
sioner of health is permitted, at any time between sun- 
rise and sunset, to enter into any house, store, stable or 
other building, and to cause the floors to be raised, if he 
deem it necessary, in order to make a thorough examin- 
ation of its sanitary condition. 



Government oe Chicago. xxiii 

The commissioner has charge of matters of vaccina- 
tion and quarantine. He can require all persons in the 
city to be vaccinated when occasion demands, and vaccin- 
ates and revaccinates, without charge, all persons who 
apply to him for that purpose. His powers in cases of 
quarantine are very great, and extend to all boats and 
railway trains bound for the city. 

The commissioner appoints, with the consent of the 
mayor, an assistant commissioner, and a secretary, whose 
duties are similar to those of the assistants and secretaries 
appointed by the heads of other departments. 

The commissioner also appoints, with the consent of 
the ma3^or, a registrar of vital statistics, who keeps a record 
of all births and deaths which occur in the city. Other 
officers appointed in the same way are five meat inspec- 
tors, twenty-five sanitarj^ police, five female sanitary 
police, four inspectors of burials, a superintendent and 
assistant superintendent of the milk and food department. 

The milk and food department of the department of 
health has charge of the inspection of milk, cream, ice, 
water, drugs and food kept and offered for sale or exchange 
within the city. 

City Physician. — The city physician, when notified, 
examines into the existence of nuisances, causes of sick- 
ness, contagious or infectious diseases within the city. 
Under the direction of the commissioner he superintends 
the city hospitals, and gives medical attendance to patients 
at the hospitals, pesthouse, police vStations and house of 
correction. He has charge of the vaccination of the 
children in the public schools. 



XXIV CHICAGO AND COOK COUNTY. 

DEPARTMENT OF POI.ICK. 

Officers. — The police department embraces the super- 
intendent of police, the superintendent's secretary, one 
captain of police for each police district, and as many 
lieutenants, detectives, sergeants and patrolmen as are 
prescribed by ordinance. 

Superintendent of Police.— The superintendent of 
police is the head of the department. He has the man- 
agement and control of all matters relating to the depart- 
ment, its officers and members. With the consent of the 
mayor, he appoints all officers and members of the depart- 
ment. He has the power to remove from the force any 
patrolman for cause, and with the concurrence of the 
mayor, he may remove, or reduce in rank any officer of 
the department. (See Civil Service Commission). 

In times of peril, danger, riot, or pestilence, he has 
power to appoint, for a specified time, as many patrolmen 
from among the citizens of Chicago as he may deem nec- 
essary. With the written consent of the mayor, he may 
do the same during any public election or celebration. 

The superintendent is charged with the duty of pro- 
tecting all persons in the city, and their property, of pro- 
viding a police force at every fire, and of protecting 
strangers and travelers at steamboat landings and rail- 
way .stations. 

FIRE DEPARTMENT. 

Officers. — The fire department embraces a fire mar- 
shal, a first assistant fire marshal, a superintendent of the 
city telegraph, a secretary of the fire department, a fire 
inspector, a veterinary surgeon, and as many assistant 



GOVERNMENT OF CHICAGO. XXV 

fire marshals, captains, lieutenants, engineers, pipemen, 
drivers, truckmen, telegraph operators, assistants, clerks 
and employes as may be provided by ordinance. 

Fire Marshal. — The fire marshal is the head of the 

department. With the consent of the mayor, he appoints 
all officers of the department. All officers above the rank 
of captain may be removed by him, v^ath the consent of 
the mayor, and he may remove all other officers subject 
to civil service regulations. 

The fire marshal has sole aud absolute control and 
command over all persons connected with the fire depart- 
ment, and prescribes such rules and regulations for gov- 
ernment and discipline as he sees fit. 

The fire marshal or any assistant, or other officer in 
command, may direct the hook and ladder men to tear 
down and remove any building or fence in order to check 
any fire. The marshal or an assistant marshal may 
blow up with powder, or otherwise, any building to check 
or extinguish any fire in progress. Buildings were blown 
up for these purposes in the great fire of 187 1. 

In the absence of the marshal the first assistant marshal 
has charge of the department. In case of the absence 
of both the marshal and first assistant marshal at any fire, 
command is taken by the assistant marshals in the order 
of their arrival at the fire. 

Superintendent of City Telegraph.— This officer 
has charge of the police and fire alarm telegraph of the 
city. He also inspects all wires put into buildings for 
electric lighting purposes. He is under the immediate 
direction of the fire marshal. 



XXVI CHICAGO AND COOK COUNTY. 

Fire Inspector. — This officer, immediately upon the 
occurrence of any fire, investigates its cause and all cir- 
cumstances connected with it. He ascertains as well as 
he can the value of the property destroyed, the amount 
of insurance, and whether or not the fire was caused by 
carelessness or criminal intent on the part of any person. 
He has power to arrest and take before a magistrate any 
person suspected by him of being an incendiary. 

Veterinary Surgeon. — The veterinary surgeon at- 
tends the horses of the fire department in all cases of 
disease or injury. 

Other Executive Officers.— There are several officers 
in the executive department of the city who are not 
classed under any of the sub- departments mentioned. 
Among them are an inspector of steam boilers, an inspector 
of fish, an inspector of gas meters, an inspector of oils, 
an inspector of weights and measures, the city weighers 
and the pound keepers. 

Inspector of Steam Boilers.— This officer inspects 
all steam boilers used for power or for heating purposes, 
except those in private residences, and all tanks subject 
to steam pressure, when requested to do so. Owners or 
users of such boilers and tanks are required to have in- 
spections made annually, and oftener if repairs have been 
made. They must pay a fee for each inspection, and are 
entitled to receive a certificate from the inspector showing 
the condition of the boiler or tank at the date of inspection. 
This certificate must be framed and kept displayed in a 
conspicuous place upon the premises. 



GOVERNMENT OF CHICAGO. xxvil 

Board of Engineers.— The board of engineers in 
charge of steam machinery and steam boilers consists of 
three competent, experienced and practical engineers. 
They examine into the qualifications of all persons who 
apply for licenses as engineers in the city of Chicago, and 
have power to grant licenses to such applicants as are 
qualified. They may also suspend or revoke any license 
for cause after the accused person has had an opportunity 
to be heard in his own defense. lyocomotive engineers 
are not required to obtain licenses from the city. 

Inspector of Fish. — This officer has power to inspect 
all fish and oysters offered for sale within the city. He 
brands packages containing fish or oysters, showing their 
weight and quality and the date of inspection. He 
destroj^s such as are unfit for food. 

Inspector of Gas Meters.— This officer examines 
and tests any gas meters when requested to do so by the 
consumer using the meter. He also determines fhe 
amount of gas furnished each month to the city by the 
gas companies having contracts for supplying gas for 
street lamps and other city purposes. 

Inspector of Oils, — All dealers in oils are required by 
ordinance to apply to this officer for inspection before offer- 
ing for sale any oils within the city limits. The inspector 
brands each package, cask or barrel ' ' Approved, ' ' or 
" Condemned," together with the fire test as ascertained 
from the inspection. 

Inspector of Weights and Measures.— This officer 
inspects once a year all instruments used for weighing 
and measuring within the city, and stamps such as are 



XXVlll CHICAGO AND COOK COUNTY. 

found to be accurate with a seal, and delivers to the owner 
a certificate of inspection. Such as are found incorrrect 
are marked "Condemned," and the owner must ha#j 
them corrected within ten days or suffer a fine, and risk 
having the instrument destroyed by the inspector. 

City Weig-hers.— From time to time the mayor 
appoints as many persons as he may think proper to be 
city weighers. Each weigher provides himself with 
scales, and has them adjusted by the inspector of weights 
and measures every three months, or oftener, if required. 
The scales are kept in some public place, street or alley, 
and the city weigher weighs any hay, coal or other article 
when requested by any person. For this service he 
charges a fee. He keeps a record of all loads weighed by 
him, and gives a bond for the faithful performance of his 
duties. 

Pound Keepers. — These officers take up and impound 

all animals known to be running at large within the 

pound limits as fixed by the city ordinances. If such 

animals are not redeemed by the owners within a certain 

# time, they are sold at "pound keeper's sale." 

JUDICIAL DEPARTMENT. 

Justices of the Peace.— Justices of the peace are 
not elected by the people in Chicago, as they are in every 
other part of Illinois. The State constitution provides 
that all justices of the peace in the city of Chicago shall 
be appointed by the governor, by and with the advice 
and consent of the State vSenate; but appointments can be 
made only upon the recommendation of a majority of the 
judges of the circuit, superior and county courts of Cook 
county. These judges, by the concurrence of a majority 



GOVERNMENT OF CHICAGO. XXIX 

of their number, are required by law on or before April i , 
every fourth year, to recommend to the governor fit and 
competent persons to fill the ofiice of justice of the peace 
in Chicago. The first selection of justices of the peace in 
this manner was made in 1875 when the number appointed 
was 19. The number at present is 48. Of these, nine are to 
be recommended for the town of West Chicago, nine for 
the town of South Chicago, five for the town of North 
Chicago, five for the town of I^ake View, five for the 
town of Jefferson, five for the town of Lake, seven for the 
town of Hyde Park, and three for that part of the town 
of Calumet which is a part of the city of Chicago. 

With the consent of the senate, the persons so recom- 
mended are appointed by the governor. 

Police Courts.— The city council establishes from 
time to time as many police courts as may be required. 
The ma3^or, with the consent of the council, appoints a 
justice, a clerk and a bailiff for each police court. Justices 
of the peace who are appointed to hold police courts are 
known as "police justices." When not holding "police 
courts" at the several police stations to which they are 
appointed, they sit as justices of the peace in their own 
offices, and transact the usual business of ' 'j ustice courts. ' ' 
No person can act as "police j ustice" who is not a justice 
of the peace of the city of Chicago. 

Police j ustices hold two sessions of court daily. Per- 
sons arrested by the police are brought before the police 
courts for trial, and, after the evidence is heard, are dis- 
charged, fined, or held to await the action of the grand 
jury, as the law and evidence may require. In case a 
prisoner is fined, he must pay the fine and costs, or be 



XXX CHICAGO AND COOK COUNTY. 

sent to the house of correction to work it out at the rate 
of 50 cents a day. The house of correction is commonly 
known as the "Bridewell." The mayor has power to 
pardon any person sentenced to the house of correction. 

The police court clerks keep a full and complete docket 
of all cases brought before the justices of their respective 
courts. They report to the city comptroller, and pay 
over to the city treasurer every day all moneys received 
by them in payment of fines and costs. 

The police court bailiffs keep order in their respective 
courts when in session, take charge of all executions 
issued, and are responsible for the collection of fines, or 
the proper commitment to the county jail or the house of 
correction of all prisoners sentenced by the police courts. 

House of Correction.— The house of correction is 
the city prison of Chicago. It is under the management 
and direction of a board of inspectors, consisting of the 
mayor, who is a member ex officio, and three persons 
appointed by the mayor, with the consent of the council. 
The inspectors receive no pay. 

The mayor, with the consent of the board of inspec- 
tors, appoints a superintendent, who serves four years, 
unless sooner removed by the board. The superintendent 
gives his entire time to the duties of his ofiice, and resides 
at the house of correction. 

Charitable Institutions. — The Washingtonian 
Home, Erring Woman's Refuge, and House of the Good 
Shepherd are not directly connected with the city gov- 
ernment, but, the first by State law, and all by ordinance, 
receive portions of the revenue derived from liquor 
licenses and certain fines. 



GOVERNMENT OF CHICAGO. xxxi 

The Washingtoniati Home receives male inebriates, 
and the other institutions receive erring women who have 
been sentenced to the house of correction, and allow them 
to serve their sentences there instead. Persons are com- 
mitted to these institutions only with the consent of their 
officers, and for the purpose of reformation rather than 
punishment. 

MISCELLANEOUS. 

THE CHICAGO PUBLIC LIBRARY. 

Board of Directors. — The city council has estab. 
lished a free public library and reading room for the use 
of the inhabitants of the city, under the name of "The 
Chicago Public Library." Under the laws of Illinois, 
this library is under the control of a board of directors of 
nine members, appointed by the mayor, with the consent 
of the council, for a term of three years. They serve 
without pay. They appoint a librarian and assistants, 
and fix their compensation. 

The library is supported by a tax levied by the council, 
not exceeding one-half mill on the dollar, annually. The 
library tax is kept by the city treasurer in a separate 
account, known as the "library fund." The expenditure 
of this fund is under the exclusive control of the board of 
directors of the library. 

After May i, 1896, the library will be permanently 
located at Dearborn Park, on Michigan Avenue, between 
Randolph and Washington Streets. On April i, 1895, 
it contained about 210,000 books, and additions are made 
to it at the rate of about 1,000 volumes a month. 



XXXll CHICAGO AND COOK COUNTY. 

PARK COMMISSIONERS. 

Lincoln Park Commissioners.— lyincoln Park is 
controlled by a board of five commissioners appointed by 
the governor and confirmed by the senate of the State. 
They have no tenure of ofiice, and can be removed at will 
by the governor. They have no power to levy or collect 
taxes, or to condemn property for park purposes. In 
these matters they are dependent upon, and can only act 
through the authorities of the towns of North Chicago 
and Lake View. 

West Chicago Park Commissioners. — Humboldt, 
Garfield and Douglas Parks, together with several smaller 
parks and connecting boulevards on the West Side, are 
controlled by a board of seven commissioners, appointed 
by the governor with the consent of the senate, one being 
appointed each year. They have power to levy taxes and 
to condemn land for park purposes, as have also the South 
Park commissioners. 

Soutli Park Commissioners.— Jackson and Wash- 
ington Parks, together with the Midway Plaisance and 
the South Side boulevards are controlled by a board of 
five commissioners appointed by the judges of the circuit 
court of Cook county, one being appointed each year. 

All of the park commissioners serve without pay. 
Two of the South Park board serve as president and 
auditor, respectively, and as such, receive salaries. 

Bach of the greater parks is under the immediate 
charge of a superintendent, appointed by the proper 
board of commissioners. 



GOVERNMENT OF CHICAGO. XXXlll 

SANITARY DISTRICT OF CHICAGO. 

Description. — The sanitary district of Chicago was 
incorporated in 1889 under a State law enacted in that 
year. It embraces all of the city north of Eighty-Seventh 
street, together with a part of Lake Michigan, and about 
forty-three square miles of territory in Cook County out- 
side of the city limits, which will be directl)^ benefited by 
the improvement. The district contains about 1,750,000 
people, and the value of property subject to taxation 
within it is about $250,000,000. 

Trustees. — The sanitary district is under the control 
of a board of nine trustees, elected by the legal voters of 
the district for a term of five years. This board is entirely 
independent of the municipal government of the city ot 
Chicago. It may levy and collect taxes for carrying on 
the work of drainage to the extent of one-half of one per 
cent, of the value of the taxable property within the cor- 
porate limits of the district. It may also issue bonds to 
the extent of five per cent, of such taxable value; but the 
amount of bonds issued must not exceed $15,000,000. 
The board has power to acquire, by purchase, condemna- 
tion, or otherwise, all property or rights of way necessary 
for the drainage channels, or other corporate purposes, 
whether located within or without the corporate limits of 
the district. 

Main Drainage Channel. — The main drainage chan- 
nel extends from the South Branch of the Chicago River 
at Robey street, in Chicago, to Lockport, Will County, 
Illinois. Beyond this the water from the channel, 
together with that of the Des Plaines River, will be con- 
ducted through the city of Joliet. For this purpose nee- 



XXXIV CHICAGO AND COOK COUNTY. 

essary changes will be made in the Illinois and Michigan 
Canal. 

The length of the main channel is 28.05 miles. In 
some places it is 202 feet in width at the bottom, at others 
160 feet, while in still other places is is but no feet wide. 

The rock sections and those in which there is much 
hard material are cut wide for permanent use, while the 
earth sections can be widened by dredging when neces- 
sary. The narrower parts provide for a flow of about 
300,000 cubic feet of water per minute, which will carry 
away the sewage of the present population of Chicago 
without harm to people living near the channel, or along 
the Des Plaines and Illinois rivers below it. The wider 
parts of the channel provide for a flow of 600,000 cubic 
feet per minute, or for carrying the sewage of 3,000,000 
people. • 

Aside from its use for the purpose of drainage, the 
main channel will be a free water way for any vessel draw- 
ing less than twenty-two feet of water. It is estimated, 
that after the completion of the work of the sanitary dis- 
trict, a channel from Chicago to the Mississippi River 
navigable for the largest boats able to ply on that river, 
can be made at an additional cost of about one-half of that 
expended by the district. 

ELECTION COMMISSIONERS. 

Appointment and Duties. — The elections of Chicago 
and the town of Cicero are under the control of a board of 
election commissioners, consisting of three members, ap- 
pointed by the county court of Cook County, for three 
years. At least two of such commissioners are selected 
from the leading two political parties of the State, one 



GOVERNMENT OF CHICAGO. XXXV 

from each party. The commissioners are men of well 
known political convictions and of approved integrity and 
capacity. They cannot hold any other public office. 

The board divides the city into election precincts, 
each of which contains, as nearly as practicable, three 
hundred actual voters. It appoints three judges and two 
clerks for each precinct at every election. 

Judges and Clerks. — The judges and clerks of the 
elections must be citizens of the United States, and legal 
voters of the ward in which their precinct is located; they 
must be men of good repute and character, and who can 
speak, read and write the English language, and must be 
skilled in the four fundamental rules of arithmetic, and 
be capable men of good understanding. The judges must 
also be householders. 

The judges and clerks must not be office holders under 
the national or state governments, or under the County 
of Cook or City of Chicago; and must not be candidates 
for anj^ office at the election for which they are appointed. 

At least one judge and one clerk for each precinct 
must be selected from each of the leading two political 
parties in the State. 

All elections held in Chicago open at six o'clock A. M. 
and close at four P. M. All ballots are printed at public 
expense. The names of the candidates of all parties are 
put upon one ballot under the headings of the respective 
parties. No " ticket peddlers " are allowed; no "election- 
eering ' ' can be done within one hundred feet of the polls. 



XXXVl CHICAGO AND COOK COUNTY. 

Manner of Voting. — The voter enters the polling 
place and gives his name to one of the judges, who calls 
it out in a loud tone of voice. If the person is found to be 
entitled to vote, he is allowed to enter a space enclosed by 
a guard rail. A judge of election then gives him one 
ticket, and only one, which the voter takes into an 
enclosed place called a booth, where, all alone and out of 
sight of everybody, he marks the names of the candidates 
for whom he wishes to vote. If he cannot read, or is 
physically unable to mark his ballot, two election officers 
assist him, but are not allowed thereafter to tell how he 
voted. The voter, having marked his ballot, folds it so 
as to conceal the marks made by him thereon, and leaving 
the booth, hands it to an election judge, who places it in 
the box without mimhering it as was formerly done. The 
voter then passes out, and is not again allowed to enter 
the space enclosed by the guard rail during that election, 
nor can he, by any means, carry a ballot away with him. 

PUBLIC SCHOOL. SYSTEM. 

Board of Education.— The public schools of Chicago 
are managed by a board of education, consisting of twenty- 
one members, appointed by the mayor, with the consent 
of the city council, for a term of three years, seven being 
appointed each year. They serve without pay. 

President of the Board. — The president of the board 
of education is elected by the board. He presides at 
the meetings of the board, and is ex officio a member of 
all general standing committees of the board. 

A vice president is also appointed by the board. The 
president and vice president are members of the board. 



GOVERXMEXT OF CHICAGO. XXXVll 

Secretary of the Board. — The secretary keeps and 
signs a record of the acts of the board, and examines and 
signs the pa}^ rolls of the teachers and other employes. 
All leases and all contracts for more than Two Hundred 
Dollars, and all contracts for new work must be signed by 
the president and secretary of the board. 

Powers of the Board. — The board of education has 
no power to levy taxes for the support of the schools. 
This is done bj^ the cit}^ council. All moneys raised by 
taxation for school purposes, or received from the State 
common school fund, or from any other source for school 
purposes, are held b}^ the city treasurer as a special fund, 
and are subject to the order of the board of education 
upon warrants countersigned by the maj'or and city clerk. 

The board of education has charge and control of the 
public schools of the city, but in erecting, purchasing or 
repairing school buildings, buying or leasing school 
grounds, or issuing bonds for school purposes upon the 
credit of the cit}^, the concurrence of the cit}^ council is 
necessary. 

The school board may, within the limits of the school 
funds at its command, maintain, support and establish 
schools, furnish them with necessar}' fixtures, furniture 
and apparatus, and hire buildings or rooms for the use of 
schools, and for the use of the board, emplo}^ teachers and 
fix their salaries; prescribe the school books and studies 
for the different schools; divide the cit}^ into school dis- 
tricts, and change such districts from time to time; appor- 
tion the pupils to the several schools; lease school property- 
loan moneys belonging to the school fund; and expel any 
pupil who may be guilt}^ of gross disobedience or mis- 
conduct. 



XXXVlll CHICAGO AND COOK COUNTY. 

Duties of the Board. — The board of education takes 
entire supervision and control of the schools of the 
city; examines all persons offering themselves as candi- 
dates for teachers, and gives, gratuitously, certificates to 
those who are found to be well qualified to teach; visits 
all the public schools as often as once a month; provides 
for the government of the several schools, and maintains 
a uniform system of discipline; prescribes what studies 
shall be taught and what books and apparatus shall be 
used; and performs certain other duties prescribed by law. 

Superintendents and Teachers.— The board of edu- 
cation appoints a superintendent of city schools, assistant 
superintendents, principals, assistants to principals, head 
assistants, and regular and special teachers; also a super- 
visor of evening schools, and a principal of schools for 
deaf mutes. 

Superintendent of City Schools.— The superintend- 
ent of city schools supervises all the public schools of the 
city, their equipments, apparatus and libraries, and all 
teachers and pupils. He observes the teaching and dis- 
ciplining of the schools, advises the teachers, attends all 
meetings of the board, and reports to it the names of 
teachers whose work is unsatisfactory; he also keeps it 
advised of the general condition and progress of the 
schools. 

Assistant Superintendents.— The assistant super- 
intendents aid the superintendent in his general duties 
and ofi&ce work and are governed by the same rules of the 
board so far as they will apply. They report regularly to 
the superintendent and, whenever required, they report 
directly to the board of education. 



GOVERNMENT OF CHICAGO. XXXIX 

Principals. — The principals devote themselves exclu- 
sively to their respective schools. They receive all appli- 
cations for admission, examine all pupils for promotion, 
supervise the work of assistant teachers, attend to all 
special cases of discipline, and give personal attention to 
the protection, health and comfort of the pupils within the 
buildings and upon the school grounds. The principals 
also teach from one-quarter to one-half of the time each 
day. 

Assistants and Principals. — The regular public 
schools of the city are divided into high, grammar and 
primary schools. Assistants to principals have immediate 
supervision of the primary schools. 

Head Assistants. — The head assistants have charge 
ot the first division of their respective schools. 

Regular Teachers. — One division of pupils is assigned, 
to each regular teacher, who is responsible for its progress. 

Special Teachers. — The special teachers do not have 
charge of particular divisions of pupils, but hear certain 
branches only, as German, music and drawing. They 
are under the immediate supervision of the superintendent 
of the respective special branches. 

Supervisor of Evening" Schools.— The city council 
of Chicago annually appropriates money speciall}^ for the 
support of evening schools. They are under the imme- 
diate charge of the supervisor of evening schools and his 
assistants. The evening schools open on the first Monday 
evening of October, and are closed by the board of educa- 
tion at such times as it deems best. - 



xl ■ CHICAGO AND COOK COUNl^Y. 

Principal of Schools for Deaf Mutes.— This prin- 
cipal has charge of the schools for deaf mutes, established 
and supported by the board of education. 

Manual Training* School.— The board of education 
supports a manual training school, and furnishes manual 
training for the seventh and eighth grade boys in twenty 
or more grammar schools. 

Other Officers and Employes.— The board of edu- 
cation also appoints a clerk, architect, attorney, school 
agent, business manager and three assistants, auditor, 
chief engineer, and superintendent of supplies. 

Clerk. — The clerk keeps and signs a record of the 
proceedings of the board, sends notices to the members of 
all board and committee meetings, and prepares pay rolls 
of superintendents, teachers, and certain other employes 
of the board. 

Architect. — The architect superintends the erection 
and repair of school buildings, and examines all estimates 
for work and materials. 

Attorney. — The attorney of the board of education 
prepares its contracts, leases and other legal documents, 
and advises the board, its members, officers and commit- 
tees, when called upon to do so. 

School Agent. — The school agent has the custody of 
all bonds, notes, and other securities belonging to the 
board, collects the rents of school lands and the interest 
of school funds loaned, keeps the financial accounts of 
the board, and pays the monthly wages of the teachers. 



GOVERNMENT OF CHICAGO. Xil 

Business Manager. — The business manager has gen- 
eral supervision of all the business matters of the board, 
except those under the charge of the architect and engi- 
neer. He has general charge of the ofl&ces and board 
rooms and office help, receives proposals for new build- 
ings, for labor, materials and supplies for the board, and 
examines buildings, and sees that they are kept in repair. 

Auditor. — The auditor keeps a record of the finances 
of the board, and of the funds and sources of income 
under its charge. He inspects all bills against the board, 
and examines and certifies the reports of the school agent. 

Chief Engineer. — The chief engineer examines all 
school buildings, and ascertains what repairs and alter- 
ations are necessary in the heating and ventilating appar- 
atus, and superintends the making of such repairs and 
alterations. He tests the fuel furnished to the different 
schools, and has charge of the engineers and janitors of 
the different buildings. 

Superintendent of Supplies. — The superintendent 
of supplies, under the direction of the general manager, 
attends to the distribution of all supplies, and keeps a 
record of those furnished to the various schools. 

Election of Employes. — Superintendents, teachers, 
engineers and janitors are chosen b}' the board annually 
at the first regular meeting after the close of the summer 
term. All principals and teachers who have not been 
notified of unsatisfactory work during the year are con- 
tinued in their respective positions. The election of 
superintendents, assistant superintendents, principals, 
assistants to principals, head assistants and special teachers 
is by ballot. 



xlii CHICAGO AND COOK COUNTY. 

Text-Books. — The text-books not changed at or 
before the last regular meeting of the board in June of 
each year are continued in use for another year. 



Civil. SERVICE COMMISSION. 

Commissioners.— By virtue of a law passed by the 
legislature of the State, and adopted by a vote of the 
people of Chicago in 1895, three civil service commis- 
sioners are appointed by the mayor; after the first year one 
commissioner will be appointed annually for a term of 
three years. Not more than two members shall, when 
appointed, be members of the same political party. The 
members cannot hold any other lucrative office or appoint- 
ment under the United States, the State of Illinois, or 
any municipal corporation. They may be removed by 
the mayor, in his discretion, for incompetency, neglect of 
duty, or malfeasance in office ; but in case of such removal 
the mayor must, within ten days, report his action in 
writing to the city council, giving his reasons therefor. 

Classified Service. — All officers and employes of 
the city, except those elected by the people, or by the 
city council under the city charter, those whose appoint- 
ment must be confirmed by the city council, judges and 
clerks of election, members of the board of education, the 
superintendent and teachers of schools, heads of principal 
departments, members of the law department, and one 
private secretary to the mayor, constitute what is known 
as the " ClavSsified Service " of the city. The civil service 



GOVERNMENT OE CHICAGO. xliii 

commissioners supervise all appointments and promotions 
in the classified service. Appointments are made only 
upon public competitive examinations, without regard to 
the political opinions or services of candidates. Promo- 
tions are made according to merit, length of service and 
grade attained in competitive examinations. 

The head of the department or office in which a 
position is to be filled notifies the commission of the fact, 
and the latter certify to him the name and address of the 
candidate standing highest on the list for the class to 
which the position belongs. In case of laborers, where a 
choice by competition is not practicable, the commission 
may provide for selection by lot from among the appli- 
cants found to be fit for the service. In cases of vacancies 
to be filled by promotion, the commissioners certify to the 
appointing officer the names of not more than three appli- 
cants having the highest standing. 

After an officer or employe has been appointed under 
the civil service rules he cannot be discharged except for 
cause upon written charges, and after he has been given 
an opportunity to be heard in his own defense. 

Chief Examiner. — The commissioners employ a 
chief examiner who, under their direction, superintends 
all examinations for appointments and promotions, and 
performs such other duties as the commissioners may pre- 
scribe. The chief examiner is ex officio secretary of the 
civil service commission. 

The salary of the commissioners is $3,000 a year. 
The chief examiner receives the same amount. 



xliv OHICAGO AND COOK COUNTY. 

CHAPTER II. 
THE GOVERNMENT OF COOK COUNTY. 

Board of Commissioners. — The government of Cook 
County differs from that of other counties in Illinois. By 
the terms of the State Constitution of 1 870, and laws passed 
by the legislature in conformity therewith, a board of 
commissioners of Cook County, consisting of fifteen mem- 
bers, constitutes what is commonly known as the ' ' county 
board." Ten commissioners are elected from the city of 
Chicago, and five from the towns of Cook County outside 
of Chicago. 

The board of commissioners has the management and 
control of the affairs of the countj^, as provided by law. 
In general, it has the same powers and duties as boards 
of supervisors in other counties (see pages 56 to 59), 
together with many other powers and duties prescribed 
by law. The law provides for six regular meetings each 
year, but the business of the board requires it to meet 
each week, thus making all but six of its meetings, each 
year, special meetings by adjournment. 

The fiscal year of Cook County begins on the first 
day of January. Within the first quarter of the fiscal 
year the board adopts a resolution known as the ' ' Annual 
Appropriation Bill," providing for such sums of money 
as may be necessary to pay all the expenses for the cur- 
rent fiscal year. Except in case of fire, flood, or other 
unforeseen casualty, the board cannot make any additional 
appropriation for the year, incur expenses, or contract 
debts in excess of the amount appropriated. No vote can 
be taken upon any resolution or motion which appropri- 



GOVERXIMEXT OF CHICAGO. xlv 

ates money or creates any financial liability against the 
county, directly or indirectly, unless such resolution or 
motion is in writing and signed with the full name of the 
member proposing it. It must receive a vote of two- thirds 
of the board, and if approved b}^ the president, such 
approval must be in writing. 

All contracts for supplies, material and work for the 
county must be let to the lowest responsible bidder, 
after due advertisement; but in case of emergency, the 
superintendent of public service may purchase supplies 
amounting to not more than five hundred dollars in the 
open market. All contracts must be approved by the 
board, and signed by the president, the superintendent 
of public service and the comptroller. 

President of the Board. — At every election for 
county commissioners, each voter may designate on his 
ballot any one of the whole number of candidates for 
commissioner as his choice for president of the county 
board; and the commissioner who is so designated on the 
highest number of such ballots is elected president of the 
board. 

The president is required to preside at all meetings of 
the board, and call special meetings when in his opinion 
they are necessar}^, or upon the written request of five 
members of the board. The president has the same priv- 
ilege as an3^ commissioner of voting upon any question 
before the board; but if he votes as commissioner, he has 
no casting vote as president, in case of a tie. He may 
veto any resolution appropriating money passed by the 
board. The veto may extend to the whole resolution, or 
be limited to any one or more of its items. In case of a 



xlvi CHICAGO AND COOK COUNTY. 

veto, the appropriation, or the parts vetoed, must receive 
a vote of four-fifths of the board to become valid. In 
case the president fails to sign an appropriation bill, or to 
return it, with his objections, within six days after its 
approval by the board, it takes effect without his approval. 

Clerk of Board and County Comptroller.— The 

county clerk of Cook County is clerk of the county board, 
and as such attends its meetings, keeps a record of its pro- 
ceedings, and keeps on file all accounts passed by the 
board. 

The count}' clerk is ex officio county comptroller, and 
in this capacity he keeps books of account showing the 
amount appropriated for each specific perpose, together 
with the several amounts expended on each account. 
He keeps an account with each firm or person furnishing 
supplies or doing business with the county, aside from its 
employes. He keeps a docket of all claims presented 
against the count5\ All claims must be verified by affi- 
davit before they are presented to the county board for 
disposition. 

The comptroller performs certain other duties pre- 
scribed by-law, very similar to those performed by the 
comptroller of Chicago. 

The foregoing duties cannot be performed by the 
county clerk in person as he has charge of many other 
matters. He appoints deputies to act for him as clerk of 
the county board, and as comptroller, and these deputies 
give their whole time during business hours to these 
duties. 



GOVERNMENT OF CHICAGO. xlvii 

Committee on Finance. — The county board is 
required by law to establish and provide for a committee 
on finance. This committee consists of five members, 
appointed by the president, who is also ex officio a member 
of the committee. This committee prepares and submits 
to the board the annual appropriation resolution; system- 
atically examines all books, papers, and other matters per- 
taining to the finances of the county, and investigates all 
claims docketed by the comptroller, and reports its action 
concerning them in writing to the board for approval. 

Committee on Public Service.— The county board 
is also required to establish and provide for a committee 
on public service. This committee comprises all the 
members of the board. The chairman of the committee 
is appointed by the president, and is ex officio a member 
of all sub-committees. 

This committee devises rules for the government of 
the several county institutions and departments of public 
service. It supervises the office of superintendent of 
public service, and makes for it all needful rules. All 
actions of this committee and all rules devised by it are 
subject to the approval of the county board. 

Superintendent of Public Service.— The office of 
superintendent of public service is created by statute. 
The superintendent purchases, receives and distributes, 
under the authority of the board, all necessary supplies 
for the county and its various institutions. He keeps an 
account of his transactions, with proper vouchers. These 
are open to the inspection of the president, the committee 
on public service and to the public. He keeps the heads 



xlviii CHICAGO AND COOK COUNTY. 

of departments fully advised so their expenditures will 
not exceed the amount appropriated. He prescribes the 
manner of keeping the books of the various county insti- 
tutions and of the county agent, so far as they relate to 
supplies, inspects the books from time to time, and reports 
the results of his inspections to the county board. He 
also has tests made from time to time, in his discretion, to 
see that supplies are furnished in accordance with the 
terms of the various contracts. ^ 

The superintendent of public service is appointed by 
the president, with the advice and consent of the county 
board, for a term of one year. 

Employes of the Board. — The county board appoints 
the following employes, prescribes their duties, and fixes 
their pay: general superintendent of the institutions at 
Dunning, county farmer, warden of county hospital, 
county physician, county agent, county attorney and his 
assistants, chief jury clerk, committee clerk, electricians, 
custodian of the court house, custodian of criminal court 
building, and engineers of the various county institutions, 
and all employes working under them, except at the insti- 
tutions at Dunning. 

General Superintendent of the Institutions at 
Dunning". — At Dunning, in the town of Jefferson, is 
located the county poor farm, upon which are the county 
poor house, and county insane asylum and buildings 
used by the county farmer. The general superintendent 
has full charge of these institutions and of the poor farm. 
He appoints all subordinate officers of these institutions 
(except physicians), and prescribes their several duties. 
He resides in one of the institutions. 



GOVERNMENT OF CHICAGO. xllX 

County Farmer. — The farmer resides on the county 
farm, and has charge of everything pertaining to the 
management of the farm, subject to the approval of the 
general superintendent. Such inmates of the poor house 
and. insane asylum as are able to work are employed by 
the farmer. The products of the farm are used by such 
institutions of the county as require them. 

Warden of County Hospital. — The county hos- 
pital is located at the intersection of South Wood and 
West Harrison streets, in Chicago. The warden resides 
at the hospital, and has charge of its affairs and employes. 

County Physician. — The county physician resides 
at the detention hospital for the insane, which is located, 
at the county hospital grounds. The count}^ physician 
attends patients in the detention hospital and at court, 
when legal inquiry is made as to their mental condition, 
and superintends the transfer of patients from the hospital 
to the insane asylum. He gives medical and surgical 
attention to the inmates of the county jail, and, with the 
sheriff, has charge of the sanitary affairs of the jail. 

County Ag'ent. — This officer grants temporary relief 
in cases of actual suffering to such persons as are legally 
entitled to public charity from the county. He carefully 
investigates all applications from persons not inmates of 
county institutions for transportation from the county, 
and for admission to the hospital, poor house or detention 
hospital, and ascertains the financial condition of the 
applicants, and whether or not they have relatives or 
friends who are required by law to care for them. 



1 CHICAGO AND COOK COUNTY. 

County Attorney. — The county attorney is the legal 
adviser of the board, and appears for the county in all 
suits in which it is interested. He furnishes legal opinions 
on all questions submitted to him by the board, and per- 
forms all other legal services which the interests of the 
county require. 

Chief Jury Clerk. — The chief jury clerk furnishes 
to the board lists of names taken from the official lists of 
legal voters of the county, to be used by the board in 
selecting persons to serve as petit jurors for the several 
courts of the county, according to law. 

Committee Clerk.— The committee clerk attends all 
committee meetings, and keeps a record of their proceed- 
ings. The record shows the names of the members 
present, and of those voting for and against all reports. 
It also contains a full statement of all bids which have 
been considered by any of the committees. 

Electricians. — The electricians have charge of the 
electrical plants and apparatus belonging to the county. 

Custodians — The custodian of the court house has 
charge of the building and oversees the work of all em- 
ployes of the board connected with heating, lighting and 
guarding the building, and with its elevator and janitor 
service. 

The criminal court building has a custodian with sim- 
ilar duties. 

Eng'ineers. — The engineers have direct charge of the 
heating apparatus and steam pumps of the several county 
buildings at which they are employed. At the institu- 
tions at Dunning the engineer also has entire charge of 



GOVERNMENT OF CHICAGO. li 

the water systems, including the apparatus for protection 
from fire. 



COUNTY NORMAL SCHOOL. 

County Board of Education. — The Cook County 
Normal School is located at Normal Park. Its purpose is 
to fit teachers for the common schools of the county. It 
is under the management and control of a county board 
of education, consisting of eight members, six of whom 
are appointed by the board of county commissioners for 
two years, two being appointed each year. The president 
of the board of county commissioners is ex officio a mem- 
ber of the count}^ board of education; and the county 
superintendent of schools is ex officio a member and secre- 
tary of the board. The county board of education elects 
one of its members president for a term of one year. 

The board of county commissioners appropriates annu- 
ally a sum of money for the maintenance of the Normal 
School, dividing the appropriation into two parts, one for 
the payment of salaries, and the other for supplies, repairs, 
and other purposes. The county board of education 
must use each part for the purpose for which it was appro- 
priated, but aside from this, it has absolute control of the 
expenditure of the money. 

The county board of education employs a principal of 
the Normal School, teachers for the various departments, 
a matron for the students' hall, and other necessary 
employes. The members of the board serve without pay. 



lii CHICAGO AND COOK COUNTY. 

, COURTS OF COOK COUNTY. 

Circuit Court. — The circuit court has original ju- 
risdiction 'in all civil suits between citizens of the State ; 
and appellate jurisdiction in all civil cases tried before the 
county and probate courts, and before justices of the 
peace. 

Cook County now elects fourteen circuit judges. The 
number may be increased from time to time by the State 
legislature as the population of the county increases. 

Aside from their judicial duties, the circuit judges ot 
Cook County appoint the members of the board of South 
Park commissioners. 

Superior Court. — The jurisdiction of the superior 
court of Cook County is substantially the same as that of 
the circuit court, except that appeals do not lie to the 
superior court in cases tried before the county and probate 
courts. 

Twelve judges are now elected for the superior court. 
The number may be increased by the legislature as in the 
case of circuit judges. 

The circuit and superior courts appoint as many 
masters in chancery as there are judges in each court. 
The masters serve for two years and may be re-appointed. 
The judges who hear chancery cases refer many matters 
to the masters in chancery of their respective courts for 
investigation. The masters hear the testimony of wit- 
nesses and arguments of counsel, and report their find- 
ings and conclusions in writing to the courts to assist 
the judges in the final hearing and disposition of the 
cases. The masters also sell real estate, under the decrees 



GOVERNMENT OF CHICAGO. liii 

of the courts, in all cases of foreclosure of mortgages and 
trust deeds. 

Criminal Court. — The criminal court of Cook County 
has original and exclusive jurisdiction in all criminal 
cases where the offense alleged is against the laws of the 
State; it has appellate jurisdiction in all criminal cases 
appealed from justices of the peace and police j u.stices. 

No judges are elected specially for the criminal court. 
Three or more judges of the circuit and superior courts 
are assigned to the duty of holding criminal court for 
periods of three months each, in such manner that all the 
judges of these courts preside at the criminal court in turn. 

County Court. — The county court has exclusive 
jurisdiction in suits authorizing the sale of real estate for 
the payment of taxes, and in trials of persons alleged to 
be insane. It has concurrent jurisdiction with the circuit 
and superior courts in all cases like those which may be 
tried before justices of the peace, and in which the amount 
in dispute is not more than $i,ooo, and also in cases 
appealed from justices of the peace. 

Cook County elects one county judge, who is judge of 
the county court. 

The county judge also appoints the board of election 
commissioners for the city of Chicago. 

Probate Court. — The probate court of Cook County 
has original jurisdiction in all matters relating to the 
settlement of the estates of deceased persons ; the appoint- 
ment of guardians of minors, and conservators of the 
insane and feeble minded, and the settlement of their 
accounts ; in all matters relating to apprentices, and in 



liv CHICAGO AND COOK COUNTY. 

proceedings to sell real estate to pay the debts of deceased 
persons. 

One judge of the probate court is elected in Cook 
Count}^ 

The county and probate judges are elected for terms 
of four years each. Circuit and superior court judges are 
elected for six years each. All judges of Cook County 
receive $7,000 a year. 

The judges of the circuit, superior and county courts 
of Cook County recommend to the governor of the State 
every four years forty-eight fit and competent persons to 
fill the office of justice of the peace in the city of Chicago. 
(See Government of Chicago, page 28.) 

Appellate Court, First District.— Cook County 
constitutes the first district of the appellate court of 
Illinois. This court has appellate jurisdiction only. Its 
jurisdiction extends to all cases of appeal from the circuit 
or superior courts of Cook County, except cases involving 
a franchise, a freehold, or the validity of a law. Such 
cases are appealed directly to the supreme court of the State. 

The decision of the appellate court is final in all cases 
in which the amount in dispute is less than $1,000, 
unless the court certifies to the supreme court that the 
case involves some important question that should be 
passed upon by the supreme court. In such case, and 
in all cases involving $1,000 or more, appeals may be 
taken to the supreme court. 

The appellate court is presided over by three judges 
of the circuit and superior courts, who have been assigned 
to this duty by the supreme court of the State. 



GOVE^RNMENT OF CHICAGO. Iv 

All of the foregoing courts are known as ' ' Courts of 
Record." 

Clerks of the Courts. — Each court above described 
has a clerk elected by the people of the county for four years, 
except in case of the clerk of the appellate court, who 
serves six years. The county clerk is clerk of the county 
court. 

The clerks attend the sessions of their respective 
courts, and keep records of their proceedings. They 
collect and keep account of all costs of suit, and issue 
summonses, subpoenas, executions, and other processes 
of the courts. 

OFFICERS OF COOK COUNTY. 

Cook County also elects a county treasurer, recorder, 
superintendent of schools, sheriff, state's attorney and 
coroner. A county surveyor is appointed by the county 
board. The duties of these officers, together with the 
duties of the county clerk other than as clerk of the county 
court, are given in the general chapter on "County Gov- 
ernment," pages 60 to 66. 



CONTENTS. 



HISTORICAL SKETCH. 

Northwest Territory 7 

Indiana Territory 7 

Illinois Territory 7 

State of Illinois 7, 8 

CHAPTER L 

THE TOWNSHIP SURVEY SYSTEM. 

How Land is divided 9 

How Land is described ^ 13 

CHAPTER II. 

STATE GOVERNMENT. 

Legislative Department.. 17 

Executive Department.,..' 37 

Judicial Department 45 

CHAPTER IIL 

THE DIVISIONS OF THE STATE. 

Description of the Divisions 51 

CHAPTER IV. 

COUNTY GOVERNMENT. 

Legislative Department • * 56 

Executive Department 59 

Judicial Department 62 

CHAPTER V. 

TOWN GOVERNMENT. 

Legislative Department 67 

Executive Department 70 

Judicial Department jrr 



IV CONTENTS. 

CHAPTER VI. 

CITY AND VILLAGE GOVERNMENT. 

PAGE. 

Legislative Department 77 

Executive Department yS 

Judicial Department 80 

CHAPTER Vn. 

PUBLIC SCHOOL SYSTEM. 

Origin Sz 

Relation to State Government 83 

School Funds 83 

School Officers and their Duties 86 

CHAPTER VIII. 

MISCELLANEOUS. 

State Educational Institutions , 98 

State Charitable Institutions 99 

State Penal and Reformatory Institutions lOl 

State Boards I02 

Officers Appointed by the Governor , 108 

The State Militia « 1 10 

Illinois Central Railroad , , . . T » ill 

Illinois and Michigan Canal , <, HZ 

Congressional and Senatorial Districts 113 

Judicial Grand Divisions, Districts, and Circuits 11,7 

CHAPTER IX. 

NATIONAL GOVERNMENT. 

Historical Sketch I2f 

Legislative Department. , 123 

Executive Department i39 

Judicial Department J49 

APPENDIX. 

Constitution of Illinois . 159 

Constitution of the United States 204 

Index o , 221 



CIVIL GOVERNMENT OF ILLINOIS. 

HISTORICAL SKETCH. 

Northwest Territory.— At the close of the Revolt? 
tionary War, nearly every State claimed that its western 
boundary was the Mississippi River. But very soon New 
York, Virginia, Connecticut and Massachusetts gave that 
part of their territory lying north of the Ohio River, and 
west of Pennsylvania to the Government of the United States 
to assist in paying the debt incurred by the Revolution. 

In 1787, Congress formed the territory received from 
these States into the Northwest Territory, and after survey- 
ing it, sold it as public land. 

When did the Revolutionary War close ? What States 
reserved a part of their western territory ? Where were the 
reserved territories, and what were they called ? 

Indiana Territory. — In 1800, the Northwest Terri- 
tory was divided, and Indiana Territory was formed of the 
western part. It included all the Northwest Territory except 
the present State of Ohio, and a small part of Indiana and 
of Michigan. 

Illinois Territory. — In 1809, Indiana and Michigan 
Territory having been taken out, the remainder was called 
the Illinois Territory, It included Illinois, Wisconsin, and 
part of Minnesota. 

State of Illinois. — In 181 8, Illinois was admitted as a 
State. 

Capitals. — Illinois has had three capitals. The first, 
(7) 



8 ILLINOIS AND THE NATION. 

Kaskaskia; the second, Vandalia; the third, Springfield. 
Locate each. 

Constitutions. — Illinois has also had three constitu- 
tions. The first was adopted in 1818, the second in 1848, and 
the third in 1870. The last forms the basis of our study. 

Boundary. — The constitutional or legal boundary of a 
State difi"ers from its geographical boundary. Let us take a 
journey together, keeping on the boundary line of Illinois. 

Starting at the point where parallel of latitude 42° 30^ 
N. crosses the middle of the Mississippi River, we follow this 
parallel eastward until it intersects the meridian which marks 
the middle of Lake Michigan ; then south on this meridian 
till we reach the northern boundary of Indiana, which we 
follow westward until we come to the meridian passing 
through Vincennes, Indiana; we then go south on this Meri- 
dian till we come to the middle of the Wabash River; we 
follow the middle of this river until we come to 'ts junction 
with the Ohio River, at which place we are obliged to change 
to the northwest bank of the latter, which we follow down 
stream to the Mississippi River; then, following the middle 
of the "Father of Waters," we complete our journey by 
ascending to the point of starting. 

Trace this journey on a map. 

When countries or States are separated by lakes or navi- 
gable rivers, the middle of the lake or stream is usually the 
boundary line. 

The Northwest Territory had for its southern boundary 
the northern side of the Ohio River at low water mark, and 
the States formed from it all have the same for their southern 
boundaries. 



CHAPTER I. 
THE TOWNSHIP SURVEY SYSTEM. 

HOW LAND IS DIVIDED. 

Need of a Survey System. — In order that we may 
understand what is to follow, we must now learn about the 
lownship system of land surveys in the United States. 

Prior to 1786 the land surveys were by no means uniform. 
But in that year Congress adopted a new system of which 
Thomas Jefferson is said to have been the author. 

A good system of surveys must divide the land into 
tracts of convenient shape and size, and must designate each 
tract, however small, briefly and accurately. Let us first 
learn how the land is divided; second, how described. 

Principal Meridian. — The surveyors begin by estab- 
lishing a north and south line which passes through some 
prominent and convenient point. Of course the line is a 
meridian of the earth's surface; and since the surveyors use 
It as their principal north and south Hne, it is called a Prin- 
cipal Meridian. 

Base Line — A line which crosses the principal me- 
lidian at right angles at some convenient point is then 
established, and is called a Base Line. 

Township Lines. — Meridians six miles apart on each 
side of the principal meridian, and parallels six miles apart 
on each side of the base line are then established. These 
are called Township Lines« 

(9^ 



10 



ILLINOIS AND THE NATION. 



Congressional Townships.— The squares inclosed 
by the township lines are called Congressional Townships. 

We need not stop for all the particulars of the survey. 
By consulting the following diagram, we can understand 
the main features of the system. ■^ 



j — 


— 1 — \ — 


1 


" 


— 


■ i -i 




1 






















! 






f 






ci 


\ \ 


t 


t 


L__. 


1, 






i ' 


r r 














i 


u- 




















i 




















u- 






■ - ■ L 














n i T 
















~"\ T\ ~\ 










t 








1 


























c '■-— ^ 


1 














-r 














' 1 1 
















■"i 1 L__L_ 




— 1 






i i 1 1 M 1 M 1 






[ 






^-+- \- 












■-rj Tr 





ivl 



DIAGRAM L 



M 



The heavy verticaS line represents a part of a principal 
meridian. It is crossed at right angles by a heavy line rep- 
resenting a part of its base line. The light vertical lines- 
which cross the base line, and the light lines parallel to the 
base line represent township lines; the squares inclosed 
represent congressional townships. 

Sections and Section Lines.— Each township is 
divided into sections, each one mile square. They are^ 



SURVEY SYSTEM. 



11 



represented in Diagram II. 'The lines bounding sections 
are called Section Lines. 

Division of Sections. — Each section is divided into 
halves, quarters, eighths, and sixteenths. The survey- 
ors that mark the township never survey the section. 

Each section contains 640 acres, " more or less." Since 
its east and west boundaries are meridians, it is evident that 
on account of the convergence of these meridians as they 
approach the poles, a section is not a perfect square; hence 
it does not contain exactly 640 acres. 



6 


5 


4 


3 


2 


I 


7 


8 


9 


10 


1 1 


12 


18 


17 


16 


^5 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



DIAGRAM II. 



How many acres in each subdivision of a section? 
How ma^y acres in a township ? What is meant by the 
" convergence of meridians "? See your geography. 

Correction Lines. — It will also hf. seen that the me- 
ridians which bound the townships are six miles apart only 
at the Base Line. 

Since north of the base line the meridians approach each 
other, if no corrections were made, the townships would 
become smaller and smaller the farther they were from the 
base line. To remedy this, correction lines are established 



12 



ILLINOIS AND THE NATION. 



every twenty-four miles north of the base line, and every 
thirty miles south of it, in this latitude. 

Double Corners.-The convergence north, or diver- 
gence south of the base line is taken up on the correction 
hues, and the townships start again with their proper width 
Both township and section lines have double corners at the 
correction lines. These are called closing corners and standi 
ard corners. 

J Which are the closing corners ? Which the standard ? 
Why are the correction lines farther apart south of the base 
line than north of it.> Why do the meridians -jog" in 



t > 



Vz 


Yz 


y 


tV 


* 



DIAGRAM III. 



opposite directions on opposite sides of the principal me 
ridian ? 

Guide Meridians.— Every fifty-four miles east and 
west of the principal meridian a new meridian is established, 
and is called a Guide Meridian. 

Can you determine from the diagram I why it is estab- 
lished 1 

. The loss in width from convergence at any Correction 
Line near latitude 42*^ N., is about twelve rods for each town- 



SURVEY SYSTEM. 13 

ship. Therefore the "jog" of the first Township Line east 
or west of the Principal Meridian is about twelve rods; the 
second Township Line, twenty-four rods; the third, thirty- 
six, etc. The " jog " at the ninth Township, or fifty-fourth 
Section Line is about one hundred and eight rods. Diagram 
I will show how the Guide Meridian is used in correcting the 
survey. Neither Guide Meridians nor Correction Lines 
were used in the early surveys. 

Location of Principal Meridians.—The First Princi- 
pal Meridian forms the boundary between Ohio and Indiana. 
The Second Principal Meridian begins on the Ohio River at 
the mouth of Little Blue Creek, and extends north through 
Indiana very near the middle. The Third Principal Merid- 
ian extends north from the mouth of the Ohio River 
through Illinois at about the middle. Its Base Line crosses 
it at the northwest corner of Jefferson County, and is the 
continuation of the Base Line of the Second Principal 
Meridian. The Fourth Principal Meridian begins at the 
mouth of the Illinois River, and extends north to Lake Su- 
perior. Its Base Line crosses it at Beardstown. Two other 
Principal Meridians, the Fifth and Sixth, are numbered. 
They are both west of the Mississippi River. The other 
Principal Meridians are named, not numbered. 

HOW LAND IS DESCRIBED. 

Basis of Description.— /« order accurately to locate a 
place ^ its position must be described with reference to two lines 
that intersect at right angles 

'"•*■ Locate a few places on the earth's surface by giving their 
latitude and longitude. What two lines are used in locating 
each ? Locate the desk of one of the pupils. Suppose it 
is the fifth desk in the third row from the left side of the 
room, what two lines are used in locating it ? 



14 ILLINOIS AND THE NATION. 

Townships. — In the first place the townships are num- 
bered in order north and south of the Base Line. Thus the 
township marked * in Diagram I is called township one 
north; the one marked \ is township three south. But these 
descriptions are not sufficiently accurate, as all townships 
east and west of these two are numbered just as they are 
with reference to the Base Line. 

Ranges. — With reference to the Principal Meridian the 
townships are not numbered separately east and west, but 
are considered in rows, or Ranges, as'thev are called. All 
townships immediately east of the Principal Meridian are in 
Range one east; the townships immediately east of these are 
in Range two east, etc. 

The township marked * in Diagram I is completely de- 
scribed as Township i North, of Range 4 East of the given 
Principal Meridian; the township marked f, as Township 3 
South, of Range 4 West of the given Principal Meridian. 

Study the diagram until you can describe accurately any 
township, or locate it when its description is given. 

Survey of Illinois. — Illinois is surveyed partly from 
the Second, partly from the Third, and partly from the Fourth 
Principal Meridiaii. - - ^~ 

, I South of the middle of Kankakee County the ranges are 
numbered east from the Third Principal Meridian to Range 
XI; north of this line they are numbered east to the State 
line. The ranges number west from this meridian to the 
Mississippi and Illinois Rivers, except those numbered from 
the Fourth Principal Meridian. The ranges in Illinois east 
of Range XI are numbered west from the Second Principal 
Meridian. Range XI Ea^t is a range of fractional town- 
ships, some of which are less than a mile wide. 

That part of Illinois lying west of the Illinois River and 
west of that part of the Third Principal which is north of 
the Illinois River^ is surveyed from the, Foailb Principal 
Mgtidiar 



SURVEY SYSTEM. 15 

No school in the State should be without a map of Illinois 
showing the counties, principal meridians, base lines, ranges, 
townships, and the manner in which they are numbered. 
Any Chicago dealer in school supplies can furnish such a 
map, mounted for wall use, for from one to two dollars. 

Sections. — The sections of a township are numbered 
from east to west, and from west to east alternately, begin- 
ning at the northeast corner of the township. A careful 
study of the second diagram will make this clear. Be able 
to reproduce this diagram, as well as the others, from 
memory. 

School Sections. — Instead of selling all the sections of 
a township as public land, the United States government set 
apart section i6 for the maintenance of public schools. 
Since 1852, sections 16 and 36 have been given for school 
purposes. Such sections are usually caUt^^d "school sections." 
In Illinois each township has but one sdiool section. 

Who live on the school section in your township? 

Divisions of Sections. — Assume the section repre- 
sented by Diagram III to be section ten in township 6 north, 
of range 3 west of the third principal meridian. Then the 
half-section shown is described as *'the north one-half of 
section ten in township 6 north, of range 3 west of the third 
principal meridian, containing 320 acres more or less;" the 
quarter section, as "the southeast quarter of section ten,** 
etc.; the one-eighth, as "the north half of the southwest 
quarter of section ten," etc.; the one-sixteenth, marked *, as 
"the southeast quarter of the southwest quarter of section 
ten," etc. 

Give a full description of each subdivision of the section 
represented in the following diagram. 



10 



ILLINOIS AND THE NATION. 



Abbreviations Used in Describing Land. — De- 
scriptions may be abbreviated. Thus the tract marked * 
may be described N. E. J of the N. W. i, Sec. lo, T. 6 N., 
R. 3 E. of the 3d P. M. Write the abbreviations for each 
of the divisions given below: 



* 

— t 



DIAGRAM IV. 

In tax receipts, dehnquent tax Hsts, etc., the descriptions 
are still further abbreviated. The only fractions used in the 
descriptions are one-half and one-fourth. Since one-fourth 
occurs much more frequently than one-half, the writing of 
the former is omitted, being understood when no fraction is 
given. The description is still further abbreviated by omit- 
ting all punctuation marks; and in printed Hsts, small letters 
are used instead of capitals. Thus the tract marked * is 
described as ne nw; the tract marked t, as w|^ se. 

Describe all the tracts given, in this way, and be able to 
locate any tract from such description. Examine some real 
estate tax receipts and, if possible, a delinquent tax list as 
published in the county papers. 

Is it necessary for the exact description of land for the 
State and county to be given? 



CHAPTER II. 
STATE GOVERNMENT. 

Three Departments. — As in the Nation, so in the 
State, there are three departments of government: The 
legislative, executive, and judicial. The first makes the laws, 
the second executes the laws, the third interprets the laws 
and decides disputes arising under them. 

The three departments, however, are not entirely distinct. 
The governor, an executive officer, has the power to veto all 
laws passed by the legislature. The legislature has judicial 
power in cases of impeachment, and executive power in 
confirmhig appointments made by the governor. The judi- 
ciary have a form of executive power in compelling men to 
obey the laws, and officers to perform their duties, as in 
cases of mandamus. 

The county and all other divisions of the State have the 
three departments above mentioned, as will be shown; al- 
though in some cases they are less distinct than in the State. 

A separate chapter will be given to our public school 
system, and the duties of school officers will be given in that 
connection; yet they may be learned with the others. 

LEGISLATIVE DEPARTMENT. 

The State Legislature. — The law making body of 
lUinois is the General Assembly, which consists of two 
Houses: The Senate, or ''Upper House/' and the House 
of Representatives, or ^'Lower House." The General As- 
seiicibly is commonly known as the ^'legislature." 

(17) 



18 ILLINOIS AND THE NATION. 

How Designated. — The different General Assemblies 
are designated by number, as the First General Assembly, 
the Twenty- eighth General Assembly. Each General As* 
sembly lasts two years, and in that time holds but one regular 
session. What is the number of the present General 
Assembly? Has it held its regular session? 

Time and Place of Meeting. — The General Assembly 
holds its regular sessions at Springfield every two years, 
the sessions commencing at twelve o'clock noon on Wednes- 
day next after the first Monday of January of the odd num^ 
bered years. 

Senatorial Districts. — Every ten years, at the first 
session after the taking of the census, the General Assembly 
divides the State into fifty-one Senatorial districts. These 
districts must contain as nearly as practicable the same num- 
ber of inhabitants, must be formed of contiguous and com- 
pact territory, and be bounded by county lines. But a 
county containing not less than one and three-fourths of the 
senatorial ratio may be divided into separate districts accord- 
ing to the number of times it contains the ratio. No district 
can contain less than four-fifths of the senatorial ratio. The 
senatorial ratio is found by dividing the number expressing 
the population of the State by fifty-one. 

The districts are numbered from one to fifty-one. In what 
district do you live ? (See pages 114 to 117.) 

Number of Senators and Representatives. — One 

senator and three representatives are elected from each sen- 
atorial district. How many members in each house? 

Election of Members. — Members of the General As- 
sembly are elected on the Tuesday next after the first Mon- 
day of November of the even numbered years. At every 
election all of the members of the next Lower House are 
elected, and half the members of the next Senate, the sena- 



STATE GOVERNMENT. 19 

tors from the even numbered districts being chosen at 
one election, and those from the odd numbered, at the 
next. Because half of its members "hold over" at each 
session, the Senate is sometimes called the "perma- 
nent" house of the General Assemby. Were the Sena- 
tors chosen at the last election from the odd or even 
numbered districts? 

Vacancies. — When a vacancy occurs in either house, 
the governor orders a special election in that district to 
fill the vacancy, if the legislature is in session, or if there 
be a session before the next election of members to the 
General Assembly. Otherwise the vacancy is not filled. 

Minority Representation. — There are three mem- 
bers of the Lower House elected at the same time in 
every senatorial district. Every voter has the right to 
vote for the three men, giving each one vote; for two 
men, giving to each one and a half votes; or for one 
man, giving him three votes. 

In voting for two men a person may give two votes 
to one, and one to the other, or distribute his votes in 
two or three other ways; but he is not likely to do so. 
By this plan the party in the minority can usually elect 
oneman by having but one candidate, and giving him all 
the votes. How large must the minority be to elect 
one man? 

Usually the party in the majority nominates two can- 
didates, and the one in the minority nominates one can- 
didate, in this case a nomination is equivalent to an elec- 
tion unless a second minority party develops un- 
expected strength in voting for a single candidate. 
When two parties are nearly equally divided, both 
sometimes nominate two candidates. In this case, the 
friends of one candidate will give three votes for their 
favorite, instead of one and a half for each candidate 
on the ticket. This is called "plumping," and may 
sacrifice party to personal interests. 

A special vote was taken in 1870 on the section of the 



20 ILLINOIS AND THE NATION. • 

constitution relating to minority representation, and it was 
adopted. What are its advantages? Do you know of any 
other State that has minority representation? 

Term of Members. — The members of the Lower 
House are elected for two years, and those of the Upper 
House for four years. 

Eligibility of Members. — Senators must be twenty- 
five, and representatives twenty-OLe years of age. Both 
must be citizens of the United States, and residents of this 
State five years, and of their respective districts two years 
next preceding their election. 

Neither senators nor representatives can hold any office 
under this State, the United States, or any foreign govern- 
ment, excepting appointments in the miUtia, and the offices 
of notary public and justice of the peace in tjiis State. 

No person can be a senator or representative after he has 
been convicted of bribery, perjury, or other infamous crime, 
or after he has failed to account for, and pay over all public 
moneys collected or held by him at any time. 

The laws of Illinois name the crimes which are "infamous" 
in this State. 

What is bribery? What is perjury. 

Oath of Members. — In addition to the usual oath of 
office, every senator or representative is required to swear 
(or affirm) that he has not paid anything, or made any 
promise in the nature of a bribe, to influence any vote at the 
time of his election ; and that he has not, and will not accept 
anything from any corporation or person for any vote or 
influence he may give or withhold on any bill, resolution, or 
appropriation, or for any official act. 

The oath is subscribed by each member, and is filed in 
the office of the secretary of State. If any member should 



STATE GOVERNMENT. 21 

reflise to take the oath as prescribed by the constitution, he 
would forfeit his office. 

What is it to subscribe an oath? 

Privileges of Members.— Senators and representa- 
tives are privileged from arrest in all cases except treason, 
felony, or breach of the peace, during the session of the 
General Assembly, and in going to, and returning from it. 

Treason is defined in the third article of the constitution 
of the United States. (See appendix.) 

In Illinois a felony is an offense punishable with death or 
with imprisonment in a penitentiary. 

What is a breach of the peace ? 

No member of either house can be called to account at 
any other place for any speech or debate made in the house 
to which he is elected. This gives freedom of speech. A 
similar provision is found in the National constitution. 

Disabilities of Members.— No senator or representa- 
tive can be appointed by the governor, with or without the 
consent of the Senate, to any civil office within the State dur- 
ing the term for which he is elected. 

Members of the General Assembly cannot be interested 
in any contract with the State, or wdth any county, which is 
authorized by any law passed while they are members, or for 
one year after their terms have expired. 

What reasons can you give for these disabilities? 

Pay of Members. — Members of the General Assembly 
receive five dollars per day while the Assembly is in session, 
and ten cents for each mile necessarily traveled in going to, 
and returning from, Springfield. The mileage is computed 
by the auditor of public accounts. Fifty dollars per session 
is allowed each member for stationery, postage, newspapers, 
and other incidental expenses. 

^ Both the pay and the mileage allowed each member are 
certified to by the presiding officer of his house, and having 



22" ILLINOIS AND THE NATION. 

been entered upon the journal, are published at the close of 
'the session. 

- . The pay of members can be changed, but not for those 
elected for the term in which the change is made. Why not ? 

. •. Quorum. — a majority of the members e/ecUd to esLch 
house constitutes a quorum. * 
What is a quorum' 

Rules. — Each house determines the rules of its own 
proceedings. ' ' '^, 

^ When the legislature meets, one of the first things that 
demands the attention of each house is the rules that are to 
govern its proceedings. Usually upon motion of some 
member, the rules of the last Senate or House, as the case 
may be, are adopted temporarily, and a committee on per- 
manent rules is appointed. This committee soon reports, 
giving the proposed rules in detail. The rules as reported 
by the committee are discussed, perhaps amended, and 
adopted. Some book on parliamentary practice, as Ci^s/i- 
ing's Manual or Roberts' Rules of Order ^ is then adopted as 
authority in all questions not touched upon by the rules 
adopted. 

Membership —Each house is the judge of the elections, 
qualifications, and returns of its own members. . , . ' . 

It sometimes happens that two men claim election as 
senator, or four as representatives, from the same district. 
In such cases those having the proper certificates of election 
signed by the governor are usually stated until the proper 
house can investigate the matter, and decide between the 
contestants. The houses are not always impartial judges in 
cases of contested elections of their respective members, and 
sometimes, no doubt, decide from political bias. But it is 
thought that no other body should decide these cases. 

Certificates of election are called ''credentials." 



STATE GOVERNMENT. 23 

After every election for members of the General As- 
sembly, all county clerks make abstracts of the elec- 
tion in their respective counties, showing the number 
of votes received by each candidate. The abstracts 
are called the "returns" of the election, and maybe 
questioned as to the genuineness or accuracy. 

The secretary of State, auditor, treasurer, attorney- 
general, or any two of them, in the presence of the 
governor, canvass all the returns, and publish the re- 
sult of the election. 

Officers — How Chosen. — Each house chooses its 
own officers. 

Officers of the House. — The usual officers of the 
House are Speaker, clerk and three assistants, door- 
keeper and three assistants, postmaster and one assist- 
ant, enrolling and engrossing clerk and two assistants. 

Officers of the Senate. — The usual officers of the 
Senate are President, president pro tempore^ secretary 
and two assistants, postmaster and one assistant. 

Speaker. — It is the duty of the Speaker to preside 
over the House, to sign all bills passed by the House, 
to appoint the standing committees and most of the 
special committees. 

Committees. — There are about forty-five standing 
committees of the House, each consisting of from three 
to twenty-five, or more, members. Usually a majority 
of each committee are members of the same political 
party as the Speaker. The chairman of the committee 
is named in the appointment. 

All measures concerning the State's finances are re- 
ferred to the Committee on Finance, who examine them 
separately, and report to the House. Measures con- 
cerning matters of education are referred to the Com- 
mittee on Education, and so on. 



24 ILLINOIS AND THE NATION. 

Only slight changes to the reports of committees are 
usuall}' made by the legislature, so the compiittees prac- 
tically control the legislature. For this reason chairman- 
ships of important committees are much sought after by the 
friends of the Speaker. 

President of the Senate.— The duties of the Presi- 
dent of the Senate are about the same as those of the 
Speaker. He is elected by the people under the title of 
Lieutenant-Governor, and is not a member of the Senate. 
He has no vote, except when the Senate is evenly di- 
vided. The Speaker of the House is always a member of 
that body^ and as such, has a vote on all questions.^ Many 
peoplj thjnk if a member of a body is chosen chairman, he 
has no vote except in case of a tie. This is a mistake. If 
the chairman be a member of the body over which he pre- 
sides, his right to vote on any question is just the same as 
though he were not chairman. 

President Pro Tempore.— The president pro tern- 
pore is a member of the Senate who is chosen to preside in 
the absence of the President; he does not lose his right to 
vote. 

Clerk and Secretary.— The clerk of the House and 
the secretary of the Senate perform similar duties for their 
respective houses. They read the proceedings of the pre- 
vious day, call the roll, read bills, resolutions, and keep a 
record of the proceedings from day to day. 

The clerk is required to furnish the State printer with 
an exact copy of each day's proceedings, so that a "copy of 
the proceedings of the preceding day may be placed upon 
the desk of each member every morning. 

Door-keeper and Sergeant-at-Arms.— The door- 
keeper of the House, and the sergeant-at-arms of the Sen- 
ate serve the processes, and execute the orders of their re- 
spective houses, maintain order among the spectators, and 



STATE GOVERNMENT. 25 

prevent the interruption of business. They may arrest, with 
or without a warrant, any person guilty of any breach of 
the peace or crime in or about tiie State House and its 
grounds. 

The door-keeper of the House announces the secretary 
of the Senate and the private ss;,cretary of the governor 
when they wish to deHver communications and messages ; 
he also announces the Senate when that body is to convene 
with the House in joint session. 

: Enrolling and Engrossing Clerk.— This officer 
properly engrosses all bills and resolutions when ordered to 
do so by the House. When a bill originates in the House 
and is: passed by both the House and the Senate, he enrolls 
it before it is laid before the governor for his approval. 

Postmasters. — The postmasters receive the mail for 
the members of their respective houses from the govern- 
ment post-office and distribute it into the boxes of the mem- 
bers at the post-office of the General Assembly. 

Other Ofificers. — Sometimes the House has a reading 
clerk, and the Senate a bill clerk, whose duties may be in- 
ferred from their titles. The President and Speaker have 
each a private secretary. 

Employes. — Besides the officers, there are several em- 
ployes. There are about twenty clerks of committees; also a 
number of policemen and pages. The pages are boys who 
wait upon the members, and carry messages for the 
Speaker and President. Sometimes girls are employed as 
pages. Each house may employ a chaplain and fix his pay. ' 
1 Organization of House.— The secretary of State 
calls the House of Representatives to order at the opening 
of each new General Assembly, and presides until a tempo- 
rary Speaker has been chosen, and has taken his seat. 

Since none of the representatives hold over from the last 



26 ILLINOIS ANf) THE NATION. 

t ■ - ._ 

session, no one of the members present is authorized to call 
the House to order. 

Immediately after the House is called to order by the 
secretary of State, prayer is offered, and the roll of the 
House is called. The I^ouse then proceeds to elect a tem- 
porary Speaker and other J^emporary officers. 

After the members have taken the oath of office, they 
decide what officers and employes the House shall have, 
and proceed to elect the former. The employes are nearly 
all appointed by the Speaker after his electio-L 

Expulsion of Members. — No member can be ex- 
pelled from either house except by a veto of two-thirds of 
all the members elected to that house, laid no member can 
be twicQ expelled for the same offence. 

Members are expelled only for the most serious offences. 

How many votes arc necessary to expel a senator ? A 
representative ? 

If a member should be expelled, anv his constituents 
should return him, he could not be expelled a second time 
for the same offence. 

Contempt. — Each house may punish by imprisonment 
any person, not a member^ for disrespect to the house, or 
for disorderly or contemptuous behavior in its presence. 
But no person can be imprisoned more than twenty-four 
hours at one time, except for persisting in his objectionable 
conduct. This power is sometimes, though seldom, used. 

Open Doors. — The doo^i^. of each hoisse, and of com- 
mittees of the whole, must be kept open except in cases 
when, in the opinion of that house, secrecy is required. 

Can you think of a case that would require secrecy in 
either house ? 

Committee of the Whole. — Sometimes, instead of 
referring a matter to a committee, the whole house forms 
itself into a "committee of the whole," and* takes up the 



STATE GOVERNMENT. 2t 

matter as a committee. When through with the subject, it 
reports to the house. 

When a legislative body goes into a committee of the 
whole, the regular chairman takes his place among the mem- 
bers, and some one else is appointed chairman of the com- 
mittee. Vrhen the committee rises to report, the regular 
chairman takes his place again, and receives the report of 
the committee through its ^chairman. 

Adjournment. — Neither house can, without the consent 
of the other, adjourn for more than two days, or to any 
other place than that in which the two houses are sitting. 

It sometimes happens that one house is largely of one 
party, and the other house of another. In such cases either 
house could delay and defeat the measures of the other by 
adjournments, were these not restricted. 

Journals. — Each house keeps a journal of its proceed- 
ings, which is published for distribution. Did you ever. see 
a copy of the journal of either house ? Get one and exam- 
ine it. The secretary of State will send these journals by 
express, but may not pay the express charges. Your county 
clerk may be able to supply you with a copy. 

Yeas and Nays. — In the Senate, at the request of two 
members, and in the House at the request of five members, 
the^yeas and nays are taken on any question, and are en- 
tered upon the journal. 

When the yeas and nays are called for, the clerk calls the 
roll of the ho'^se, and every member votes yea or nay on the 
question, and his vote is recorded and published with the 
journal What are the advantages of this ? 

Protest of Members. — If any two members of either 
house wish to protest against, or dissent from any action or 
Vote they think injurious to the public or to any person, they 
are at liberty to do so in respectful language, and have their 
?sasons entered upon the journal. 



28 .. ILLINOIS AND THE NATION. 

Style of Bills. — All laws of this State begin as follows: 
Be it enacted by the People of the Slate of Illinois, represented 
in the General Assembly. This is called the " enacting 
clause." Without this the law would be void. 

Where Bills May Originate. — Bills may originate in 
either house, but may be changed or rejected by the other. 

- Final Passage of Bills — On the final passage of all 
bills the votes are taken by yeas and nays, and entered upon 
the journal. 

Bills Voted upon Separately. — The final vote is 
taken upon each bill separately 

Vote Necessary. — No bill becomes a law unless it re- 
ceives the vcte of a majority of all the members elected to 
each house. How m.any votes must a bill receive in the 
Senate ? In the House .^ 

Three Readings Necessary. — Every bill must be 
read at large on three different days in each house. 

Bills Must be Printed, — Every bill and all its amend- 
ments must be printed before the last vote is taken upon it. 

The printed bills are distributed among* the members^ a 
copy of each bill being placed in tbe post-office box of every 
member. No member can explain away or excuse his vote 
by saying he did not knpw exactly what the bill was about. 

Signatures Necessary.— After it has passed both 
houses a bill must be signed by the President of the Senate 
and by the Speaker, before it is presented to the governor. 

Only One Subject. — No act can embrace more than 
one subject, and that must be expressed in its title. If any bill 
embrace a subject which is not expressed in its title, the 
part relating to this subject is void, but the remairicier of the 
bill remains in force. 

When there was no limitation to the nunriber of subjects 
that might be included in aiiy bill, if was a common practice 



STATE GOVERNMENT. 2Q 

to put several subjects into one bill, and then force members 
to vote for the objectionable parts in order to secure the 
passage of the rest of the biJl. 

Every bill has a title, thus: " An act to establish and viain- 
tain a system of free schools'"' . *' An act to revive the laiu in 
relation to township organization^ 

Laws Revived or Amended. — No law can be revived 
or amended by reference to its title only; the act revived or 
amended must be given in full in the new act. 

It is easy to see that all these conditions tend to prevent 
careless and evil legislation. 

What is*it to repeal a law ? To revive a law ? To amend 
a law ? 

When Laws Take Effect.— An act of the General 
Assembly takes effect upon the xirst day of J^ily next after, 
its passage, unless in case of emergency. In auch a case the 
act must receive a two-thirds vote of all the members dected 
to each house, and must have the emergency stated in some 
part of the act. The " emergency clause," as it is called, is 
usually at the end of the act, and reads as follows: " Whereas 
an enfiSfgency exists (som-:itimes the emergency is stated), 
this act shall take effect and be in force from and after its 
passage." 

^^j As a rule, laws shou'd not :,ake effect tor som6 time after 
their passage, in order that the people may learn of ihem^ 
and adjust themselves and their affairs to the new con- 
ditions. 

The Governor's Veto.— Whea a bill is passed by both' 
houses, it is sent to the governor fci his signature. If he 
wishes the bill to become a law,, he ^:lgns it, and so makes it 
a law. But if he does not v/ish it to become a law, he does 
not sign it, hul sends it back tD the house iri which it first 
started. He sends with it hio objeciioos, which are written 



30 ILLINOIS AND THE NATION. 

in the journal of this house, and the bill is again taken up. 
This time, in order to pass, it must receive the vote of two- 
thirds of the members elected, and, if it receives this vote in 
the house to which it is returned, it is sent, together with the 
objections of the governor, to the other house. A vote of 
two-thirds of the members elected to this house makes it a 
law without the signature of the governor. 

/ In all such cases the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the governor does not .return a bill within ten days 
(Sundays not counted) after it is sent to him, it becomes a 
law just as if he had signed it, unless the legislature adjourns 
before the ten days are up, and so prevents its return.' In 
this case, if the governor does not want the bill to become 
a law, he can prevent it by sending his objections to the 
office cf the secretary of State within ten days after the leg- 
islature adjourns. 

When the governor neither signs a bill nor returns it 
with his objections within ten days, it is called a '' pocket 
veto." 

Try to give a reason for each provision regarding the 
governor's veto. This will help you to understand the 
matter. 

In the case of the veto power, the governor, who is an 
executive officer, has something tp do with the iaw-making 
power. His veto power is intended to act as a check upon 
the legislature. 

The word ve*o means " I forbid." The message con- 
tairing the governor's objection to a bill is called a " veto 
message." 

Special Laws Prohibited.— The General Asseiubly 
cannot pass a special law, or a law relating to some particu* 
lar case when a general law will apply. 

Under the first two constitutivpns (}i Illinois, special laws 



STATE GOVERNMENT. 



31 



were allowed except in two or three cases, and at some ses- 
sions they formed the bulk of the laws enacted. The ses- 
sion laws of 1S57 contain 302 pages of public laws, and 
J 450 pages of private laws^ It must be kept in mind that 
laws upon these subjects are not prohibited, but that the 
laws must be general. 

Why should special legislation be prohibited in each of 
the following cases ? 

Cbahging County Seats. — The General Assembly 
"annot locate or change county seats by special laws. 

Since the county seat is the place where the business of 
the cocsnty is transacted, the people of the respective coun- 
ties locate and change their county seats. 

The question is voted upon after due notice has been 
given, A special election is beld when the question of a 
change of county seat is voted upon. Why hold an election 
for this purpose only ? 

Special Charters Prohibited.— The legislature can^ 
not now give special charters to cities and villages ; neither 
can it amend or change any charter already given. 

Since 1870 all cities and villages have been incorporated 
under a general law; but before that time most cities were 
incorporated by special laws known as the " charters " of 
the respective cities. If the people of a city are dissatisfied 
with their charter they cannot have it amended, but may 
vote to give it up and then organize under the general law 

Rate of Interest, — No special law can be passed reg- 
ulating the rate of interest on money. No person or cor- 
poration can charge a higher rate of interest than that au- 
thorized by the general law. What is now the highest au- 
thorized rate ? 

Fees of Officers. — The General Assembly cannot cre- 
ate or change the fees of any public officer during the terra 
for which he is elected. 



3E ILLINOIS AND THE NATION. 

Special Privileges and Immunities.— No special or 
exclusive privilege or immunity can be granted to any per- 
son or corporation. 

K privilege implies the liberty to do something ; an im- 
munity implies exemption from some duty, tax, or obliga- 
tion. 

Release of Indebtedness.— The Generai Assembly 
has no power to release any person or corporation from in- 
debtedness to the State or to any municipal corporation 
within the State. 

Special laws are prohibited in several other cases, as 
may be found by referring to the State constitution. The 
above cases have been chosen because they relate more 
especially to other subjects of our study. 

Public Moneys and Appropriations.— The General 
Assembly can make no appropriation of money out of the 
treasury in a private law. 

Bills making appropriations for the pay of members and 
officers of the General Assembly, and for the salaries of the 
officers of the State government, must not contain provi- 
sions on any other subject. Were it not for this provision, 
members in order to vote for the pay of themselves and 
others, might be obliged to vote for some objectionable pro- 
vision. Such a provision in an appropriation bill is called 
a <* rider." 

No money can be drawn from the trtiasury unless it has 
been appropriated for the purpose for w!'Jch :t is drawa. 

The treasurer is forbidden to pay out aay money except 
on an order issued by the State auditor. This order is called 
the "auditor's warrant." 

When money has been appropriated for any give^i pur- 
pose, or belongs to any particular fund, it cannot be drawn 
or used for any othci purpose. 

Wittjin sixty days after the adjouromeni of ..^ach sesstoa 



STATE GOVERNMENT. 33 

of" the General Assembly, the auditor must publish an item- 
ized statement of all money expended at that session. 

"Each General Assembly provides for the appropriations 
necessary for all the expenses of State government for the 
next two years, or until the end of the first fiscal quarter 
after the adjournment of the next regular session. The 
aggregate amount appropriated cannot be increased except 
by a vote of two-thirds of the members elected to each 
house, and in no case can it exceed the amount of revenue 
authorized by law to be raised within the two years. 

All appropriations, general or special, end with the first 
fiscal quarter after the adjournment of the next regular 
session. The fiscal year ends September 30. 

State Indebtedness Limited.-^The State, in order 
to meet accidental deficits or failures in revenue, may con- 
tract debts which can never exceed in the aggregate $250,- 
000. All moneys thus borrowed must be applied to th^ 
purpose for which they were obtained, and to no other 
purpose. 

No other debts, except for the purpose of reprlling in- 
vasion, suppressing insurrection, or defending the State in 
war, can be contracted unless by a vote of the people. 

Illinois is now virtually out of debt. 

Extra Pay Prohibited.— The General Assembly can- 
not grant extra pay or allowance to any officer, agent, ser- 
vant or contractor, after service has been rendered, or 
contract made. 

However, appropriations may be made for expenses in- 
curred in repelling invasion, or suppressing insurrection. . 

Loan of Credit Prohibited.— The State can never 
pay nor become responsible for the debts of any person or 
corporation ; nor can it in any manner give or loan its credit 
to^any such person or corporation. 3 



84 ILLINOIS AND THE NATION. 

Officers Liable to Impeachment.— The governor 
and all civil officers of the State are liable to impeachment 
for any misdemeanor in office. 

It is easy to see that an officer may commit an offence 
for which he is responsible to the State as its servant, and to 
the civil authorities as a citizen. 

Thus, habitual drunkenness on the part of an officer 
would unfit him for the duties of his office, and make him 
subject to impeachment and removal from office. He might 
also be^ fined for drunkenness. 

Power of Impeachment.— The House has the sole 
power of impeachment. Its action in such cases is similar 
to that of a grand jury in a criminal case, and the charges 
which it prefers are similar to an indictment. 

The House hears the evidence against an officer, and, if 
a majority of all its members so vote, the officer is im- 
peached. 

Trial of Impeachment.— All cases of Impeachment 
are tri^d by the Senate. 

When an officer has been impeached by the House, the 
Senate hears evidence for and against him; and if two-thirds 
of the senators elected so vote, he is convicted of the charge 
or charges against him. 

When trying cases of impeachment, the senators are 
under oath, or affirmation, to do justice according to law 
and evidence. The Senate in this case acts as a jury. 

Punishment.— The punishment in cases of impeach- 
ment can only extend as far as removal from office and dis- 
qualification to hold any office of trust or profit in the State. 

After impeachment and conviction as an officer, a man is 

liable to trial and conviction in the courts as a citizen. 

rial of Governor. — When the governor is tried, the 

,..*vf-justice of the State presides instead of the lieutenant- 



STATE GOVERNMENT. 35 

governor. This is the case because, if the governor should 
be convicted and removed from office, the lieutenant-gov- 
ernor would becom.e governor ; he would thus be interested 
in the result of the trial. 

State Contracts. — All fuel, stationery and printing 
paper furnished for the use of the State, and all printing 
and binding ordered by the General Assembly must be let 
by contract to the lowest responsible bidder. 

No member of the General Assembly, or other State 
officer can be interested directly or indirectly in any con- 
tract. 

All contracts must be approved by the governor. 

The contracts are large, and there is a popular notion 
that men make a great deal of money out of them. 

State Cannot be Sued. — The State of Illinois can 
never be made defendant in any court of law or .equity. 

This provision of our constitution has a history. 

When the United States constitution was submitted for 
the ratification of the thirteen States, it contained a detailed 
statement of the power of the national courts. Among 
other things this power was to extend to controversies be- 
tween a State and citizens of another State. During Wash- 
ington's' first term as President, a citizen of South Carolina 
sued the State oi" Georgia, and the supreme court of the 
United States decided that the case was within its jurisdic- 
tion by the terms of the constitution. 

The several States, seeing that they were liable to num- 
berless suits, caused, through their representatives, the pro- 
posal of sn amendment to the constitution declaring that 
''the judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign 
StateJ- , r . ^ 



^6 ILLINOIS AND THE NATIOJ^. 

This amendment was ratified by the States, and is 
known as the " eleventh " amendment. 

Lotteries Prohibited.— The General Assembly has no 
power to authorize lotteries or gift enterprises for any pur- 
pose, and must pass laws prohibiting the sale of lottery or 
gift enterprise tickets in the State. 

Some States not only allow lotteries, but conduct them as 
a means of paying off theii indebtedness. 

Term of Office. — No law can be passed which shall in 
any way extend the term of any public officer after his elec- 
tion or appointment. 

, A few years ago a change in the time of electing county 
superintendents was made which brought the regular elec- 
tions at one time five years apart. The superintendents who 
were elected for four years did not hold over the fifth year, 
but superintendents were appointed by the county boards for 
that year. 

Protection of Miners. — The General Assembly, must 
pass laws for the protection of miners by requiring the con- 
struction of escapement shafts, appliances for ventilation, 
and other means of- satety, ^ 

Drainage. — The General Assembly may, and has passed 
laws permitting the owners or occupants of land to construct 
drains across the lands of others, provided the drains are for 
agricultural or sanitary purposes. 

In 1878, an amendment to the State constitution was 
adopted authorizing the General Assembly to pass laws pro- 
viding for the organization of drainage districts. Such 
laws have been passed. 

The corporate authorities of dramage districts have power 
to construct and maintain levees, drains and ditches by spe- 
cial assessments upon the ■ property benefited. -What is a 
levee? . , 



STATE GOVERNMENT. 37 

Homesteai aXid Exemption Laws. — Liberal home^ 
stead and exempiion laws must be passed. 

A certain amount of real estate and personal property 
is exempt from seizure for the payment of ordinary debts. 
The word " homestead " relates to real estate. 

The New State House.— The constitution of 7.870 
provided that not more than $3,500,000 can be expended 
upon the new State House, unless a majority of the votes 
cast at a general election, at which the question is submitted, 
shall be for the additional expenditure. The additional ex- 
penditure asked for by the General Assembly was voted 
upon three times. It was carried in 1884. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive department of the State con^ 
sists of a .governor, lieutenant-governor, secretary of StatCj 
auditor of public accounts, treasurer, superintendent of pub- 
lic instruction, and attorney- general. 

Term of Office. — These officers, with the exception oC 
the treasurer, hold their offices four years. The treasurer's 
term is two years, and he cannot hold the office two terms in 
succession. Can you give a reason for this ? 

Residence. — All of the executive officers, excepting 
the lieutenant-governor, must reside at the State capital dur- 
ing their term of office. 

Why is the lieutenant-governor excepted ? 
^'^Election. — An election is held for governor, lieutenant- 
governor, secretary of State, auditor, treasurer, and attorney- 
general. on the Tuesday next after the first Monday in No- 
vember of every year in which there is an election for Presi- 
dent of the United States. There is an election for treasurer^ 
and superintendent of public instruction on the Tuesday next 
after the first Monday in November in the " off years in pol- 
itics"— that is, half way between the Presidential elections. 



S8 ILLINOIS AND THU NAtl6N. 

This arrangement takes the election of superintendent 
of public instruction out of politics as much as possible 
without having a general election for the State superintend- 
ent only* 

A general election is one at which any State officer is 
elected. 

Retursis ©f Electionis. — The election returns for 
State officers are sfaled and sent by the several county 
clerks to the secretary of State, directed to " The Speaker 
of the House of Representatives." 

Immediately aft£r the organization of the House, and 
before any other business is transacted, the Speaker opens 
the returns, and announces the result to the two houses who 
meet together in the haU of the House of Representatives 
for that purpose. 

The person having the highest number of votes for any 
office is declared elected. If two or more persons have an 
equal ar.»d the highest number of votes for any office, the 
General Assembly, by joint ballot, chooses one of them for 
the office. 

Eligibility. — No person is eligible to the office of gov- 
ernor or lieutenant-governor who is not thirty years of age, 
and who has not been for five years next preceding his elec- 
tion a citizen of the United States and of Illinois. 

All the State executive officers, except the treasurer, are 
declared by the constitution to be ineligible to any other 
office during the time for which they are elected. 

Vacancies.: — In case of vacancy by death, resignation 
or otherwise^ of any executive officer, except governor or 
lieutenant-governor, the governor fills the vacancy by ap- 
pointment, and the person appointed holds the office during 
the remainder of the term. 

Accounts. — All officers of the executive department 
and of all public institutions of the State must keep accounts 



STATE GOVERNMENT. 39 

of all moneys received and paid, out by them, and under 
oath must make a semi-annual report of these accounts to 
the governor. 

Reports. — At least ten days before each regular session 
of the General Assembly, the officers of the executive de- 
partment and of all State institutions must report to the 
governor. The governor transmits these reports, and those 
of the judges of the supreme court concerning defects in 
the constitution or the laws, to the General Assembly. 

The governor may require written information, under 
oath, from any of these officers concerning the affairs of his 
office. 

Oath. — The executive, and all other civil officers swear 
(or affirm) that they will support the constitution of the 
United States and of Illinois; and that they will faithfully 
discharge the duties of their respective offices to the best oC 
their ability. No other oath can be required of any civil 
officer. 

GOVERNOR. 

Executive Power. — The. governor has supreme exec* 
utive power, and must see that the laws are executed-. 

Message. — At the beginning of each session of the 
General Assembly, the governor sends it a message giving 
the condition of the State; recommending such measures as 
he deems best; containing a statement of the money received 
and paid out by him according to law,, and presenting esti- 
mates of the amount of money that should be raised by tax- 
ation for all State purposes. 

His message is accompanied by the reports of. the otheif 
executive officers. 

General Assembly. — Whenever the public good may 
require it, the governor may call the General Assembly to- 
gether in an extra session. The proclamation calling the 



10 ILLINOIS AND THE NATION. 

extra session must state the purpose for which it is called, 
and no business can be transacted except that given in the 
proclamation. 

If the two houses fail to agree upon the time for adjourn- 
ment, and the house which first moves the adjournment 
certifies such failure to the governor, he may adjourn them 
to such time as he may think proper, but not beyond the 
first day of the next regular session. 

Appointment of Officers. — The governor, by and 
with the advice and consent' of the Senate, appoints certain 
State officers. 

In case of a vacancy in any State office that is not elect-, 
ive, the governor makes a temporary appointment until the 
next meeting of the Senate. 

A person who has been rejected by the Senate cannot be 
renominated by tjie governor for the same office at the same 
session, unless at the request of the Senate; nor can he be 
appointed to the same office during a recess of the Senate. 

Were it not for these restrictions, the governor migh^ 
keep on nominating the same man for the same office till 
the adjournment of the Senate and then appoint him to fill 
the office temporarily until the next meeting of the Senate. 

Removal of Officers. — Any officer appoirted by the 
governor maybe removed by him for incompetency, neglect 
of duty, or illegal conduct; and the governor may appoint 
some one else to fill the vacancy. 

Reprieves, Commutations and Pardons.— The 
governor has power to grant reprieves, commutations, and 
pardons to persons convicted of crimes. 

A reprieve is a temporary suspension of the execution 
of a penalty. 

A commutation is a change from one punishment to an- 
\ier less severe, as from death to imprisonment for life. 



STATE GOVERNMENT. 41 

A pardon is a complete removal of penalty, and restora- 
tion to citizenship. 

Commander-in-Chief of the Militia. — The governor 
is comn^ander-in-chief of the militia of the State when they 
are not in the; service of the United States.- 

The governor has at all times the appointment of cer- 
tain officers of the militia. 

Veto. — The governor's veto has been discussed in an- 
other place. Be sure to review it in this connection. 

Salary. — The governor receives a salary of $6,000 a 
vear and has the use of the executive mansion. 

LIEUTENANT-GOVERNOR. 

Successor to Governor. — In case of the death, resig- 
nation, or disability of the governor, the lieutenant-governor 
becomes governor. In case of his disability also, the presi- 
dent /r^ tempore of the Senate, and in case of his disability 
the duties of governor devolve upon the Speaker of the 
House "for the remainder of the term. 

President of the Senate. — The lieutenant-governor 
is President of the Senate, but has no vote except in case of 
a tie. 

Salary* — The lieutenant-governor's salary is $1,000 a 
year. 

SECRETARY OF STATE. 

Keeper of Public Acts. — The secretary of State must 
keep in his office, properly filed and indexed, all public acts, 
laws, and resolutions of the General Assembly. 

When the legislature is not in session, he keeps all 
books and papers belonging to each house. 

Calls House to Order.— The secretary of State calls 



42 ILLINOIS AND THE NATI014. 

the House of Representatives to order, and presides until a 
temporary Speaker is elected. 

Register. — He must keep a register of all the official 
acts of the governor, and of all commissions issued by him. 
What is a commission ? Every justice of the peace or no- 
tary public has a commission from the governor. 

Seal of State. — The secretary of State is the keeper 
of the ** Great Seal of the State of Illinois," and must affix 
this seal to all commissions and documents countersigned 
by himself, j 

What is a seal ? Every notary public in Illinois has one, 
and a little effort will enable you to see one of these. 

Custodian of Property. — He is custodian of all public 
buildings and grounds in the city of Springfield. 

Laws and Journals. — He must supervise the distri- 
bution of the session laws and the journals of the General 
Assembly. 

Report. — He must report the affairs of his office bien- 
nially to the governor. 

Certificate. — He must certifiy to the correctness of the 
laws and journals when they are published. 

Charters.— The secretary of State issues charters to 
corporations. 

There are corporations for the purpose of government, 
as cities and villages; for business purposes, as railroad, in- 
surance, and manufacturing companies; for improvement of 
members, but not for money-making, as in case of societies 
and associations; for religious purposes, as church organiza- 
tions of various kinds. 

f Weights and Measures.— The secretary of State is 
the keeper of the public standards of weights and measures. 

Registry Blanks.— He must furnish registration 



6TAT£ GOVERNMfiNt. 4S 

blanks to judges of election prior to every general election. 

He has other duties of minor importance. 

Bond. — The secretary of State must give a bond for 
$100,000. 

Salary.— His salary is $3,500 a year. 

AUDITOR. 

Accounts. — The auditor is the book-keeper of the State. 
He keeps accounts with all public officers, corporations, and 
individuals doing business with the State. 

Whenever a claim or bill is presented for payment of 
money out of the State treasury, he examines, or audits it, 
to see if it is legal. 

Warrants. — If the auditor finds a claim to be legal and 
just, he signs an order on the treasurer for the proper 
amount. Such orders are called "auditor's warrants." He 
keeps a record of all warrants signed by him. 

The auditor is the " watch-dog of the treasury." 

Rate of Taxation. — The auditor assists the governor 
in computing the rate per cent, of taxation necessary to raise 
sufficient revenue for State purposes. ^j 

The legislature fixes the amount to be raised by taxation. 

Report. — The auditor reports biennially to the gov- 
ernor. 

Bond. — He gives a bond for $50,000; 

Salary. — His salary is $3,500 a year. 



44 tLLI-NOlS AND tHE NArTlOK. 

TREASURER. 

Public Funds. — The treasurer must receive and safely 
keep all moneys which are authorized by law to be paid 
to him. 

The treasurer Is not allowed to receive and receipt any 
money whatever unless he has an order from the auditor 
directing him to receive it. Neither can he pay out money 
except upon the auditor's warrant. When he pays an order, 
he must cancel it with some instrument that will cut or per- 
forate the paper. 

Give a good reason for each of these provisions. 

Monthly Settlements.— The treasurer must settle 
with the auditor at the close of each month, stating the 
amounts received and paid out, and on what accounts. He 
must also return all warrants canceled by him, and obtain 
the auditor's receipt for. them. 

Report.— The treasurer makes a biennial report to the 
governor. 

Bond. — The treasurer's bond is for $500,000. 

Salary. — His salary is $3,500 a year. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

The duties of this officer are given in the chapter on 
schools. They may be learned in this connection if desired. 

ATTORNEY-GENERAL. 

State and State Officers.— The attorney-general 
-•epresents the people and the State in all suits in which 
they are interested before the supreme court. He also acts 
as attorney for State officers, when suits are brought against 
them as officers. 

Advisory Duties. — The attorney-general consults with 
and advises State's attorneys concerning their duties. 



STATE GOVERNMENT. 45 

He advises the governor and other State officers, and, 
when requested, gives written opinions upon all legal and 
constitutional questions relating to the duties of these offi- 
cers. He also gives such written opinions at the request of 
either house of the General Assembly, or of any legislative 
committee. 

Funds. ^The attorney-general sees, that the funds ap- 
propriated to the several State institutions are properly used. 

Records. — He keeps a record of his official acts, and 
of the opinions given by him while in office, and gives these 
records to his successor in office. 
' Bond. — A bond for $10,000 must be given by the attor- 
ney-general. 

Salary,— His salary is $3,500 a year. 

Name the executive o^xcers of the State. V/iien was 
each elected ? 

JUDICIAL DEPARTMENT. 

SUPREME COURT. 

Grand Divisions. — For the convenience of the people, 
the State is divided into three grand divisions, and one 
term of the supreme court is held e^izb. year in each division. 

The term of cour: for the northern grand division is 
held at Ottawa, for the ceatral grar^d division at Spr!o,g- 
field, and for the southern grand division c.t Mt. Vernon 

Judges. — There are seven judges of the supreme court, 
they choose one of their number chief-justice. 

Four judges must agree to every decision. - 

Term.-- -The judges of the supreme court are elected 
for nine years. 

Election Districts. — The State is divided in^ seven 
districts for the purpose of electing the judges of the su- 
preme court. Each district elects one judge. 



46 ILLINOIS AND THE NATION. 

Clerk. — A clerk of the supreme court is elected in each 
grand division. His term of office is six years. 

Original Jurisdiction.— -The supreme court has orig- 
inal jurisdiction in cases relating to the revenues of the 
State, and in uiandaums and habeas corpus. By this is 
meant that suits relating to these matters may be begun in 
the supreme court. 

A case of mandamtts is brought for die purpose of com- 
pelling a public oiScer or coiporaticn to perform certain 
duties. 

A case of habeas corpus has for its object the prevention 
of false or unjust imprisonment. By it the prisoner is 
brought into court, and the cause of his imprisonment is in- 
vestigated. 

Appellate Jurisdiction. — The supreme court has ap- 
pellate jurisdiction in all criminal cases, and in all civil 
cases in which the amount in dispute is one thousand dol- 
lars or more. 

By appellate jurisdiction is meant that appeals may be 
taken to the supreme court in such cases after they have 
been tried in a lower court. 

A criminal case is a suit brought for the purpose of 
punishing some person for violating a public law. 

A civil case is a suit brought by a person, company, or 
corporation, called the plaintiff, against another person, 
company, or corporation, called the defendant, for the pur- 
pose of compelling the defendant to pay the plaintiff a sum 
of money, or give up to him certain property. Suits for 
money may be for debts due the plaintiff, or for damages 
on account of injury done him by the defendant. 

Decisions Final. — The decisions of the supreme court 
are final except in cases involving a State law which con- 
flicts with a United States iaw. Such c^ses may be carried 
to the United States supreme court. 



STATE GOVERNMENT. 47 

Salaries of Supreme Judges. --The judges ot the 
supreme court receive $5,000 a year. 

The clerks receive fees which are prescribed by law. 

APPELLATE COURTS. 

Districts. — The State is divided into four appellate 
court districts. 

Judges. — The appellate judges are elected circuit 
judges, and are appointed appellate judges by the supreme 
court. 

Clerk. — Each district elects a clerk for a term of six 
years. 

Sheriff.— The sheriff of the county in which the appel- 
late court is held attends the sessions of the court or ap- 
points a deputy to do so. 

Jurisdiction. — The appellate courts have appellate ju- 
risdiction only. Their jurisdiction extends to all cases of 
appeal from circuit courts, chy courts, or the superior court 
of Cook county, except in criminal cases, and in cases in- 
volving a franchise or freehold, or the validity of a law. 
These cases must be appealed directly to the supreme 
court. 

A franchise is a special privilege given by the State to 
an individual or corporation. 

The term freehold applies to real estate titles. 

Decision. — The decision of the appellate courts is final 
in all cases in which the amount in dispute is less than one 
thousand dollars. When the ainount is one thousand dollars 
or more, the case may be taken to the supreme court. 

Salaries. — Appellate judges receive the same pay as 
circuit judges— $3,500 a year. The clerks receive fees.. 



48 ILLINOIS AND THE NATION. 

CIRCUIT COURTS. 

Circuits. — With the exception of Cook county, all of 
the counties of the State are arranged by the legislature into 
thirteen divisions called circuits. Cook county alone con- 
stitutes a circuit. 

Judges. — Three judges are elected in each circuit every 
six years. Usually two of these hold circuit courts, and the 
third acts as one of the judges of the appellate courts. 
Cook county now elects eleven circuit judges. 

The circuit court is so called because its judges go from 
county to county for the purpose of holding court. 

- Circuit Clerk. — Each county elects a circuit clerk for 
a term of four years. He attends the sessions of the circuit 
court in his county, and keeps a record of the proceedings 
of the court. 

He keeps account of the costs of all suits in the circuit 
court in his county. These costs are made up of the fees of 
the sheriff, clerk, witnesses, jury, and others, and are usually 
pdid by the person against whom the suit is decided.- 

The circuit clerk also issues the summonses, subpoenas, 
executions, and other processes of the court. 
^; In counties of less than 60,000 inhabitants, the circuit 
clerk also acts as recorder of deeds for his county. 

Master-in-Chancery. — In each county there is a mas- 
ter-in-chancery who is appointed by the judges of the cir- 
cuit for two years. To him are referred many matters for 
investigation. He reports the results of his investigation to 
the court. Chief among his other duties is the sale of real 
estate in cases of foreclosure of mortgages. 

Jurisdiction. — The circuit courts have original jurisdic- 
tion in all criminal cases, and in civil case^ between citizens 
of the State; and appellate jurisdiction in' all cases tried 
before the county court and justices of the peace. 



STATE GOVERNMENT. 49 

Courts of Cook County. — Besides the circuit court, 
there are in Cook county two courts not held in other coun- 
ties. The superior court of Cook county was formerly 
known as the superior court of Chicago; the criminal court 
of Cook county was formerly known as the recorder's court 
of the City of Chicago. 

Salary. — The circuit judges receive §3,500 a year, ex- 
cept those in Cook county ; these receive STj^^o ^ year. 

Grand Jury. — The grand jury of every county assists 
the circuit court in bringing offenders to trial. 

A grand jury consists of twenty-three men who are se- 
lected by the county board. This jury meets at the place of 
holding the circuit court, and investigates all criminal 
charges brought to its notice against persons for crimes 
committed vrithin the county. It hears evidence against ac- 
cused persons, but not for them. If it has just cause to 
believe a person guilty of a crime, it furnishes the court 
with a paper in which the person is named, and his crime 
described, and advises that he be brought to trial. 

Such a paper is called an ''indictment," and the person 
is said to be '' indicted " by the grand jury. 

In every case of indictment, sixteen grand jurors must 
be present, and twelve must agree to the indictment. 

An indictment Ij often called " a true bill." This comes 
from the fact that tfie paper is prepared by the State's attor- 
ney, and is indorsed by the jury "A true bill," if the ac- 
cused is found guilty. 

A copy of the indictment giving a list of witnesses 
against the accused, is furnished the accused or his attorney. 

The meetings of the grand jury are not open to the 
public. 

Petit Jury. — Almost all cases in the circuit court are 
tried by a petit jury consisting of twelve men. 

This jury sits in open court and hears the evidence 



50 ILLINOIS AND THE NATION. 

against and in behalf of the defendant, together with the 
arguments of the lawyers on both sides. The judge then 
instructs the jury as to the law concerning the case, and the 
manner in which it should weigh the evidence for and 
against the defendant. 

The jury then retires to the jury room, being all the 
while in charge of an officer, and agrees upon a verdict, if 
possible. A verdict cannot be rendered unless all the jurors 
agree to it. This applies as well to civil as to criminal cases. 

In trials before justices of the peace, juries are not in- 
structed by the court. 

Cases before the supreme and appellate courts are not. 
tried by jury. 



CHAPTER III. 
THE DIVISIONS OF THE STATE. 

DESCRIPTION OF THE DIVISIONS. 

Counties. — Counties are divisions of the State made in 
order to bring matters of government nearer to the people. 

Counties are formed by the legislature of the State, 
usually upon petition of the people directly concerned. 
They are named in the acts which create them. 

The county does not bear exactly the same relation to 
the State that the latter does to the Nation. The State is 
sovereign in many particulars, while the county has no sov- 
ereign power whatever. It has no constitution, and all its 
powers are given to it by the State legislature. 

There are one hundred arid two counties in Illinois. 

Townships. — In this State we have two correct uses of 
the word township. These uses should be carefully learned, 
so as to be distinguished clearly from each other, and from 
the uses of the word town. 

Congressional Township. — The Congressional Toiun- 
ship is the unit of the U)iited States Survey System., and is 
simply a tract of land six miles square. It is a division rather 
of the United States than of the State, and is common to all 
States and Territories surveyed by this system. It is not a 
political division of the county, State, or United States, and 
consequently has no officers. It has a single purpose — to 
assist in the description of real estate, and is always desig- 
nated by number — is never named. 

(51) 



52 ILLINOIS AND THE NATION. 

School Township. — The School Township is a poHti- 
cal division of the county with reference to school affairs 
OJiiy, and in boundary is coincident with the congressional 
township of like number and description. 

Section twenty-three of the school law provides that 
every congressional township shall be considered a town- 
ship for school purposes. 

The school township has four officers only, three trus- 
tees of schools, and a township treasurer. The latter is 
often called the schopl treasurer. 

It has a single purpose, to assist in certain school affairs, 
and is always designated by number, never by name, being 
numbered exactly like the congressional township with 
which it coincides. There need lit no confusion on this ac- 
count, as the two townships are never spoken of in .the 
same connection. 

Towns. — The word towji has so many different mean- 
ings that it is somewhat difficult to apply it correctly at all 
times. Its use as a general term for villages and cities is 
correct in ordinary conversation, as where we speak of " go- 
ing to town," or " going out of town." But in the study of 
civil government we must discard this use of the word, and 
speak only of its two uses in connection with civil affairs. 

Organized Towns.— The organized town is a politi- 
cal division of the county with reference to civil affairs only. 

The organized town has no connection whatever with 
the description of real estate, with the school system, or 
with incorporated government, like that of a city or village. 

It has a single purpose, to assist in local government 
in civil affairs. 

In almost all counties in the State, especially those in the 
central and northern part, every one lives in some town in 
this sense of the word. 

If all organized towns had been formed as was intended 



THE DIVISIONS OF THE STATE. 58 

by the law, they would be six miles square, except where 
there are fractional congressional townships. 

The organized town is always designated by name — 
never by number. 

Whenever the word town is used in this book, the organ- 
ized town is meant, except when the expression incorporated 
town is used. 

Township Organization. — The constitution of 1848 
provided that " the General Assembly shall provide, by a 
general law, for a township organization." Accordingly a 
law was enacted that all counties which should elect to do so 
in a prescribed manner might adopt what is known as 
"township organization." 

Counties so electing are divided by three commissioners, 
appointed by the county board, into towns which shall coin- 
cide with the townships of the county. When a township 
shall have too few inhabitants for a separate organization, it 
may be added to some adjoining town, or divided between 
two or more towns for the time being. Fractional town- 
ships may be added to some adjoining town. A glance at a 
complete map of the State will show that few counties, if 
any, have all of their towns coincident with the township. 
Has your county ? 

A majority of the towns, however, coincide with the 
townships. In such cases, the township election (for school 
trustees) and the town election (annual town meeting) are 
held on the saiPiC day. This fact gives rise to the common 
error of calling the officers of the town " township officers." 

Counties are divided into towns in order to bring matters 
of local government still nearer the people. This and the 
government of counties not under township organization will 
be fully explained in a subsequent chapter. 

The term "township organization" used, in the law is 
evidently a misnomer; it should be " town organization," 



54 ILLINOIS AND THE NATION. 

since so many towns are not organized townships, not being 
coincident with the latter. 

Incorporated Towns. — It is to be regretted that prior 
to the enactment of the law authorizing the organization of 
towns for local government, a law was enacted which pro- 
vides for the incorporation (^ towns, divided into blocks and 
lots, having streets and alleys, and governments similar to 
that of villages. In fact, the word town is used in the same 
sense as the word village. A few such towns have been in- 
corporated, but almost all such incorporations are termed 
villages. 

Unless there is such a town near you, it will be better for 
you to dismiss this use of the word from your mind, and to 
think only of the organized town. 

School Districts. — School districts are divisions of the 
school township, and have reference to school affairs only. 

County Organization.-^Counties not under township 
organization are said to be under county organization. 

There are twenty-three such counties in Illinois, In 
some of these the proposition to organize was voted on at 
the general election in 1886. The proposition has been de- 
feated one or more times in nearly all of them. 

The chief argument in favor of township organization is 
that it brings the government nearer the people. One feat- 
ure of this is that it makes several town offices to be filled 
by residents of the town. Many men, doubtless, work and 
vote for township organization hoping to obtain an office. 

The leading argument against township organization is 
that it increases the cost of government very materially. 
Taxes are necessarily higher in counties under township or- 
ganization. Of course it may be claimed that the govern- 
ment is enough better to overcome the disadvantage of 
increase in cost. 



THE DIVISIONS OF THE STATE. 55 

Cities and Villages. — The government of cities and 
villages is described in another chapter. They are com- 
monly spoken of as towns ; but in the study of *the civil 
government of Illinois you must discriminate sharply be- 
tween cities and villages and towns, except in the few 
cases where there are incorporated towns. 

Cities and villages have certain corporate privileges which 
towns have not. They are organized in a wholly different 
manner, and for a different purpose. 

In many cases the name of a town is the same as that of 
a city or village within its limits. This fact often gives rise 
to confusion in common speech. 

In what congressional township do you live? in what 
school township ? town ? city or village ? 

Other Divisions. — There are certain other divisions of 
the State with reference to its legislative and judicial affairs 
which need not be described here. 



CHAPTER IV. 
COUNTY GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Board of Supervisors. — The laws made by the Gen- 
eral Assembly apply to all counties alike, and only such 
laws are made by it as are general in their nature. Every 
county has measures for its own government which apply 
only to itself. These measures must not conflict with any 
general law of the State. 

In counties under township organization, the legislative 
acts are performed by the board of supervisors. The mem- 
bers of this board are elected by the several towns in the 
county, and perform duties as town officers aside from their 
duties as members of the "county board," as the board of 
supervisors is called. 

In counties not under township organization the board 
of county com.missioners is also called the county board. 

Meetings. — The board of supervisors holds its annual 
meeting on the second Tuesday of September. It also 
holds a regular meeting on the second Monday in July in 
each year. Special meetings may be held at the request of 
at least one-third of the members of the board. 

The July meeting is held especially for the equalization 
of assessments of taxes. 

County Seat. — The county board meets at the county 
seat, and, if possible, in the court house. 

(56) 



COUNTY GOVERNMENT 5t 

The county seat is the city or village in which the busi- 
ness of the county is transacted. 

The courthouse, and usually all county offices, are at 
the county seat. 

Organization. — The county board organizes at the first 
meeting of the year by choosing one of its rilimber chair- 
man. The chairman presides over all the meetings when 
present, and appoints the various committees. The busi- 
ness of the board is largely done through its committees. 
The county clerk is clerk of the board of supervisors. 

Open Doors. — The board must hold its meetings with 
open doors. Why ? 

Proceedings Published. — A brief account of the pro- 
ceedings of every meeting must be published in a county 
paper, if this can be done without unreasonable expense. 

New Towns. — The board may change the boundaries 
of towns, create new towns, and give names to them. No 
two towns in the State shall have the same name. The State 
auditor keeps an alphabetical list of all the towns, and must 
be consulted in case a new name is to be given. 

Have you a clear notion of what is meant by the word 
town, as here used ? 

Care of Property. — The county board has the care of 
all property belonging to the county. 

The board also has the management of nearly all the 
funds belonging to the county. 

Auditing Bills. — The county board must settle all just 
claims against the county, and audit all accounts concerning 
the receipts and expenditures of the county. 

Levy of County Tax. — The county board may levy a 
tax not to exceed seventy-five cents on the one hundred dol- 
lars' valuation for county purposes. 

If the county was in debt at the time of the adoption of 



t)8 ILLINOIS AND THE NATION. 

the present constil ution, a tax not to exceed one dollar on 
the one hundred dollars' valuation may be levied to pay the 
principal and interest for such indebtedness. Any additional 
levy must be submitted to a vote of the people. 

County Buildings. — The county board must erect a 
courthouse, jail, and other necessary public buildings. 

Furnished offices must be provided for the county officers. 
Some of these offices are to be fire-proof, or furnished with 
fire-proof safes, whenever the finances of *the county will 
permit. 

Books and Stationery. — The board must furnish 
suitable books and stationery for the use of the county board 
and the several county officers. 

Annual Financial Statement. — The county board 
must prepare and publish an itemized statement of the re- 
ceipts and expenditures of the preceding year, together with 
the actual condition of affairs at the end of the year. 

Prosecute and Defend Suits.— Suitable measures 
for the prosecution and defense of suits brought by or 
against the county must be taken by the county board. 

Pay of County Officers.— The pay of the officers, 
except the county superintendent of schools, is fixed by the 
county board, and cannot be changed during the term for 
which the officers are elected. 

Why not ? 
" Treasurer's Accounts.— It is the duty of the county 
board to examine the books of the county treasurer, and to 
count the money at least as often as once every six months. 

Grand and Petit Jurors. — Grand juries are selected 
by the county boards in their respective counties. 

There are to be chosen, as near as may be, a proportion- 
ate number of grand jurors from each town in the county. 

Each year the board prepares lists of not less than one- 



COUNTY GOVERNMENT. 59 

tenth of the legal voters of each town, which lists are kept 
m the office of the county clerk. The county clerk writes 
each man's name and address upon a separate ticket, and 
puts all the tickets in a box kept for the purpose. At least 
twenty days before a trial court convenes, the clerk of the 
court, in the presence of the county clerk, draws the names 
of a sufficient number of petit jurors from the box. 

Equalization of Assessments. — At its July meeting 
the county board examines the assessment books of the sev- 
eral towns, and makes such changes in them as will tend to 
equalize the taxes of the count3^ 

If any one thinks he has been assessed too high, or his 
property is exempt from taxation, or his neighbor's tax is 
too low, he can make complaint to the board at this time. 

The board also sees to it that the valuations in one town, 
bear a just relation to all the towns in the county. 

Other Powers and Duties. — The county board may 
also allow, regulate and condemn toll roads and bridges ; 
grant liquor licenses ; establish county normal schools ; 
offer rewards for criminals ; and offer rewards for raising 
timber. 

Board of County Commissioners. — In counties not 

under township organization, the county board consists of 
the three commissioners elected by the whole county for a 
term of three years, one commissioner being elected each 
year. 

These counties are divided by the county board into 
precincts for election purposes, and into districts for road 
purposes. 

The powers and duties of the board of commissioners 
are almost the same as those of the board of supervisors. 

EXECUTIVE DEPARTMENT. 
Officers.— The executive department consists of the 



60 ILLINOIS AND THE NATION. 

county clerk, treasurer, recorder, county surveyor, superin- 
tendent of schools, and the committees of the county board 
when carrying out the instructions of the whole board. 

All of the officers named execute the State laws which 
apply to their duties, and also the measures passed by the 
county board. 

The county clerk is an officer of the judicial department 
of the county when he acts as clerk of the county court. 

All of the executive officers of the county are elected for 
four years. 

COUNTY CLERK. 

Records. — The county clerk has charge of certain 
books and papers pertaining to the business of the county. 

County Board. — He is clerk of the county board of 
his county, keeps a record of its proceedings, and keeps on 
file all accounts passed upon by the board. 

Orders — He must keep a complete record of all orders 
drawn upon the county treasurer. 

Bonds. — The official bonds of certain county and town 
officers are filed in the office of the county clerk. He must 
keep an alphabetical list of these bonds, giving names of 
sureties and other essential facts. 

Indexes. — He must keep alphabetical indexes of all 
records and papers filed in his office. 

Copy. — The county clerk must furnish to any person 
who will pay the proper fee, a copy of any record, paper, or 
account in his office. 

County Court. — The county clerk must attend the ses- 
sions of the county court, and keep a complete record of all 
its proceedings. 

Marriage Licenses. — He issues marriage licenses. 

Canvassing Votes. — After every general election, the 



STATE GOVERNMENT. 61 

county clerk, and two justices of the peace of his county 
canvass the votes of the county, and make abstracts show- 
ing the number of votes received by each candidate. These 
abstracts are filed in the county clerk's office. 

Taxes. — He computes the amount of tax to be paid by 
every person subject to taxation in the county, and supplies 
collectors with books which show the amount each person 
must pay. 

COUNTY TREASURER. 

Public Funds. — The county treasurer must receive, 
safely keep, and pay out according to law, all public money 
that may properly come into his hands. 

Accounts. — He must keep a complete record of the 
business of his office. The books containing this record are 
always open to the inspection of the public. Why ? 

Report. — The treasurer must report to the county 
board at each of its regular meetings all sums received and 
paid out by him since his last report. These reports are 
filed in the county clerk's office, and are subject to the in- 
spection of the public. 

Settlements. — Twice each year the county board must 
make a settlement with the treasurer, and count the funds. 

Re-election. — An amendment to the State constitution 
was adopted in 1880, providing that no person having once 
been elected to the office of sheriff or treasurer shall be 
eligible to the same office for four yeais after the expiration 
of the term of office for which he was elected. 

RECORDER. 

Deeds. — The recorder must copy into books provided 
for the purpose all deeds, mortgages and other papers per- 
taining to the titles of lands, when the papers are presented 
to him for that purpose. 



62 ILLINOIS AND THE NATION. 

The person presenting such a paper must pay a pre. 
scribed fee in order to have it copied, or recorded, as it is 
called. 

In case a paper so recorded is lost, the recorder's books- 
will show its contents. 

Chattel mortgages, or mortgages upon personal property 
may also be recorded. 

Records Open to the Public. — All records and in- 
dexes are now open to the public, and abstracts may be 
taken from them without charge. 

In counties of less than sixty thousand inhabitants the 
circuit clerk is ex officio (by virtue of his office) recorder oC 
deeds. In counties of sixty thousand or more inhabitants 
there is a separate recorder. Only four counties in the 
State elected separate recorders in 1886. 

Let the teacher secure blank forms of such instruments 
as deeds and mortgages, and explain their use to the class. 

COUNTY SURVEYOR. 

Duties. — The county surveyor m.akes surveys within 
his county when called upon to do so. He keeps a record 
of surveys made by him. The record is open to the inspec- 
tion of all persons interested in the surveys. 

SUPERINTENDENT OF SCHOOLS. 

The duties of county superintendent of schools are given 
under the subject of schools. 

Name the executive officers of your county. 

JUDICIAL DEPARTMENT. 

Officers. — The officers of the judicial department of 
the county are county judge, probate judge, county clerk 



COUNTY GOVERNMENT. 63 

(when acting as clerk of the county court), sheriff, State's 
attorney, and coroner. 

Although elected by the county, and termed a county 
officer, the circuit clerk is really an officer of the circuit 
court, and his duties were given in that connection. Reviei;\' 
them. 

Term. — These officers are all elected for four years. 

Salaries. — Their salaries are fixed by the county board. 

COUNTY COURT. 

Judge. — The county judge is judge of the county court. 

Law Jurisdiction. — The county courts have exclusive 
jurisdiction in suits authorizing the sale of real estate for the 
collection of taxes. 

They have concurrent jurisdiction with the circuit courts 
in all cases like those in which justices of the peace have 
jurisdiction, and in which the amount in dispute is not more 
than one thousand dollars. They also have concurrent ju- 
risdiction with the circuit courts in criminal cases when the 
punishment is not imprisonment in the penitentiary, or death; 
and in all cases of appeal from justices of the peace and 
police magistrates. 

When two or more courts have concurrent jurisdiction in 
any matter, suits may be brought in any one of them. In 
suits for two hundred dollars or less, justices of the peace, 
county and circuit courts have concurrent jurisdiction. 

Probate Jurisdiction. — In counties of less than sev- 
enty thousand inhabitants, the county court has original ju- 
risdiction in all matters relating to the settlement of the 
estates of deceased persons ; the appointment of guardians 
of minefs, and conservators of the insane and feeble-minded, 
and the settlement of their accounts ; and in all matters re- 
lating to apprentices. 



54 ILLINOIS AND THE NATION. 

PROBATE COURT. 

Judge. — In counties having more than seventy thousand 
inhabitants, a probate judge must be elected to attend to the 
probate business of the county. In this case the county court 
has only law jurisdiction, and a separate probate court is 
established. 

Clerk. — A probate clerk is also elected in such cases. 

In 1886 only two counties, Cook and La Salle, elected 
separate probate judges. 

SHERIFF. 

Attendance at Courts. — The sheriff must attend all 
the sessions of circuit and county courts, and obey their 
lawful orders. He convenes and adjourns the court when 
directed to do so, and preserves order in the court. 

Service of Writs. — The sheriff serves all warrants, 
summonses, subpoenas, executions and other papers that 
the court may issue. 

A warrant directs the sheriff to arrest a certain person 
accused of a crime. 

A summons directs the sheriff to summon a certain per- 
son to appear in court to answer a demand made by another 
person named in the summons. 

A subpoena commands a certain person to appear in 
court as a witness. 

An execution empowers the sheriff to carry a judgment 
into effect. A common form of execution is that which di- 
rects the sheriff to seize certain property and sell it to pay 
the obligations of a person against whom a suit has been 
decided. 

Let the teacher procure blank copies of these and other 
judicial writs, and discuss their uses with the class. 



COUNTY GOVERNMENT. 65 

Conservator of the Peace,— Every sheriff is con- 
servator of the peace in his county, and it is his duty to 
suppress riots, fighting and all breaches of the peace, and to 
prevent crime. 

He may arrest, without a warrant, persons whom he sees 
offending, and take them before a magistrate. 

Custodian of Court House. — The sheriff has charge 
of the court house and jail in his county. 

Care of Prisoners. — He is the keeper of the county 
jail. He sees that all prisoners are properly guarded and 
supplied with suitable food. 

When prisoners are sentenced to the penitentiary or re- 
form school, the sheriff removes them thither. He also 
hangs criminals condemned to death. 

Deputies. — The sheriff may appoint deputies to assist 
him in his work. These deputies have all the powers of the 
sheriff, and their official acts are considered as acts of the 
sheriff, he being responsible in all cases for them. 

Ineligible to Re-election. — A person having once 
been elected to the office of sheriff is ineligible to re-elec- 
tion for four years after the expiration of the term for which 
he was elected. 

STATE'S ATTORNEY. 

Prosecution of Criminals. — The State's attorney sees 
that offenders against the laws are indicted, arrested, and 
brought into court for trial. He then endeavors to prove 
their guilt and have them punished. He is often called the 
'' prosecuting attorney." 

Civil Suits. — The State's attorney carriesKDn, in behalf of 
the county, all lawsuits brought for or against it, and in cases 
brought against county officers as ' such, he defends the 
officers. 
5 



66 ILLINOIS AND THE NATION. 

Advisory Duties. — He is the legal adviser of all county 
officers, and of justices of the peace in matters relating to 
their duties. 

CORONER. 

Inquests. — Whenever the coroner is informed that 
some person within the county has met with death from vio- 
lence, accident, or any undue means, it is his duty to repair 
to the place, and, with the aid of a jury, inquire into the 
cause of the death. Such an examination is called an 
inquest. 

A record of the inquest is kept in a book provided for 
the purpose. The coroner reports the result of the exam- 
ination to the county clerk. 

Arrest of Slayer. — If any person is found to be impli- 
cated as the murderer of the deceased, it is the duty of the 
coroner to arrest him and hold him for further examination 
and trial. 

Coroner Acts as Sheriff. — When the sheriff's office 
becomes vacant, or when the sheriff is interested in any suit, 
the coroner acts as sheriff. 

Name all of the judicial officers of your county. 



CHAPTER V. 
TOWN CzOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Annual Town Meeting. — On the first Tuesday of 
April every town in the State holds its annual town meeting 
for the election of officers and the transaction of the busi- 
ness of the town. 

Moderator. — At some time between the hours of eight 
and nine o'clock in the forenoon, the voters present are 
called together by the town clerk. 

One of their number is chosen moderator, and the super- 
visor and assessor of the town take their places as judges 
of the election. The moderator is a judge of the election, 
and also presides over the meeting during the transaction 
of miscellaneous business. 

The moderator must take an oath before entering upon 
the duties of his office. 

Clerk. — The town clerk last elected is clerk of the an- 
nual town meeting, and must keep a full and faithful record 
of all its proceedings. 

Manner of Voting. — The town clerk must supply a 
suitable ballot box. This box, made of tin or wood, is 
shown to be empty at the beginning of the election, and is 
then kept locked until the voting is done. 

Two of the judges make lists of the voters' names, and 
number them in the order in which the persons vote. 

(67) 



68 ILLINOIS AND THE NATION. 

Each voter hands his ticket, folded, to a judge of the 
election, who writes upon it a number corresponding to the 
number of the voter's name on the Hsts kept by the other 
judges. 

When the polls* are closed, the ballot box is opened by 
the judges, and the tickets are counted to see if they agree in 
number with the number of men who have voted. Then 
the votes are canvassed — that is, the names of the persons 
voted for for each office are ascertained, and a record made 
of the number of votes each person receives. 

When the canvass is completed, the town clerk an- 
nounces the result of the election, and the town meeting is 
at an end. — See page I20c. 

Miscellaneous Business. — At two o'clock in the 
afternoon the polls are closed temporarily, and the modera- 
tor calls the meeting to order for the transaction of miscel- 
laneous business. 

All questions are decided by a majority of the legal 
voters present. The following are the most important mat- 
ters that may be acted upon. 

Taxes. — Money may be directed to be raised by taxa- 
tion for constructing or repairing roads and bridges ; for 
the prosecution or defense of lawsuits for or against the 
town, and for a few other purposes. 

Lawsuits. — The meeting may instruct the proper offi- 
cers concerning the lawsuits of the town. 

Canada Thistles. — Rev/ards may be offered for the 
destruction of Canada thistles and other noxious v/eeds. 

Fences. — The meeting may determine what shall be a 
lawful fence in the town, and make rules concerniDg 
fences. 

Trees. — Action may be taken to induce the planting of 
trees along the highways. 



TOWN GOVERNMENT^ 69 

Premiums may be given for this purpose. 

Stock. — The meeting may restrain and regulate the 
running at large of stock, establish and maintain a pound, 
appoint a pound-master, and prescribe his duties. 

Public Wells. — Public wells and watering places may 
be provided for, and their use regulated. 

Public Health. — Measures may be taken to prevent 
unhealthfulness in the town. 

Road Tax. — The voters may determine whether the 
road tax of the town shall be paid in money or in labor. 

Reports of Officers. — ^The voters receive and act 
upon the reports of officers for the past year. 

When the miscellaneous business is concluded, the mod- 
erator so announces, the polls are re-opened, and the voting 
continues till time for closing the polls. 

Voters. — All men twenty-one or more years of age who 
are citizens of the United States, and who have resided in 
the State one year, in the county ninety days, and in the 
election district thirty days, are entitled to vote at the an- 
nual town meeting, and at all other elections in this State. 

Special Town Meetings. — The supervisors, town 
clerk, and a justice of the peace, or any two of these offi- 
cers together with at least fifteen voters of the town, may 
cause a special town meeting to be held, by filing with the 
town clerk a statement, in writing, that such a meeting is 
necessary for the good of the town. The objects of the 
meeting must be given in the statement. 

Notice of the meeting is given in the same manner, and 
for the same length of time as for annual town meetings. 
The notice must state the objects of the meeting as given 
in the written statement filed wnth the town clerk, and no 
business can be done except that for which the meeting was 
called. Why this provision ? 



70 ILLINOIS AND THE NATION. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive officers of the town are su- 
pervisor, clerk, assessor, collector, and highway commis- 
sioners. There is no town treasurer. The supervisor and 
one of the highway commissioners have charge of all town 
funds. There is a township treasurer, but he holds nothing 
except township school funds. He is a school officer, and 
his duties will be given in the proper place. 

The town officers are elected at the annual town meet- 
ing. A pound master may also be appointed at that time. 
A commissioner of Canada thistles may be appointed by the 
board of town auditors. 

SUPERVISOR. 

Town Funds. — The supervisor receives and pays 
out all funds for the expenses of the town, except for road 
and bridge purposes. 

Lawsuits of the Town. — He is to prosecute suits for 
the recovery of penalties and forfeitures due the town. 

When the supervisor's bond is forfeited, the town clerk 
is to prosecute the suit. 

Account and Settlement. — The supervisor must 
keep strict account of all sums of money received and paid 
out for the town, and on Tuesday preceding the annual 
town meeting he must make a settlement with the board of 
town auditors. 

County Board. — All supervisors, except of the towns 
in Cook county, must attend all meetings of the county 
board. 

The State constitution provides that Cook county shall 
be governed by a board of commissioners of fifteen persons, 
ten from the city of Chicago, and five from the towns out- 
side the city. 



TOWN GOVERNMENT. 7i 

Town Paupers. — The supervisor is overseer of the 
paupers of the town. It is his duty to furnish them proper 
relief at the expense of the town or county. 

Statement. — One week before the annual town meet- 
ing, the supervisor must file with the town clerk a state- 
ment showing wiiat sums of money are due the town, also, 
what sums the town owes. This statement must be copied 
by the town clerk into the town records, and read at the 
town meeting. 

Term. — Supervisors are elected. for two years. 

Assistant Supervisors, — In towns of four thousand 
inhabitants there must be elected one assistant supervisor, 
and for every twenty-five hundred inhabitants above four 
thousand an assistant supervisor is added. 

These have no authority in towm affairs, except as mem- 
bers of the board of health. As members of the county 
board they have the same powers as the principal super- 
visor. 

TOWN CLERK. 

Records. — The town clerk has custody of all records, 
books, and papers of the town. 

Town Meetings. — He records in a book provided for 
the purpose the proceedings of every town meeting, includ- 
ing all rules and regulations adopted at such meeting. 

He also records the acts of the board of the town aud- 
itors, and is clerk of highway commissioners. 

Certificates. — If it be voted at any town meeting to raise 
money for any purpose, the clerk must deliver to the super- 
risor before the annual meeting of the county board a cer- 
Jficate of his record of such vote. 

He must certify to the county clerk, on or before the 
second Tuesday in August, the amount of taxes to be raised 
for all town purposes. 

Term. — The town clerk is elected for one vear- 



72 ILLINOIS Ai\D THE NATION. 

ASSESSOR. 

Value of Property. — It is the duty of the assessor to 
set a value upon the property of every property holder in his 
town, and to write their value in a book prepared for the 
purpose. This book, when the assessments are completed, 
is delivered to the county clerk. When all the assessors' 
books in the county have been returned to him, the county 
clerk ascertains the total valuation put upon the taxable 
property within the county. From the tax levies made and 
filed in his office by the various officers who are authorized 
to levy taxes, he ascertains the total amount to be raised by 
taxation in his county. By finding the per cent, that this 
amount is of the assessed value of all the property, he ob- 
tains what is called the rate per cent, of taxation. The as- 
sessed value of a man's property multiplied by this rate per 
cent, will give the amount of his tax. (See Page 76.) 

COLLECTOR. 

Collection of Taxes. — The collector, as his name 
implies, collects the taxes of the town, and pays them ovei 
to the proper officers. 

Term. — The assessor and collector are elected for one 
year. 

HIGHWAY COMMISSIONERS, 

Treasurer. — There are three commissioners of high- 
ways elected in every town. 

Within ten days after their election they must meet at 
the town clerk's office, and elect one of their number 
treasurer. 

The treasurer, after executing a bond, receives all money 
collected in the town for road and bridge purposes, and 



TOWN GOVERNMENT. • 73 

pays it out on the order of two or more of the highway 
commissioners. 

Roads and Bridges. — The commissioners estabhsh, 
alter or vacate roads, keep roads and bridges in repair, and 
build new bridges when necessary. 

Road Districts. — The commissioners divide their res- 
pective towns into districts of convenient size, and when 
road tax is paid in labor, they appoint an overseer of high- 
ways in each district, and direct him in his work. 

Tools and Implements. — The commissioners pur- 
chase for the use of the town such plows, scrapers and other 
implements as may be necessary, and have charge of them 
at all times. 

Drainage Commissioners. — The commissioners of 
highways constitute the board of drainage commissioners 
for all drainage districts within their respective towns. 

Other Duties. — It is the duty of the highway commis- 
sioners to put up guide-boards at the forks and crossings of 
the most important public roads ; also to keep noxious weeds 
from seeding. 

They may provide public wells with suitable fixtures at 
the most important crossings, and at other suitable places. 

Road Tax. — The commissioners must annually levy q 
tax sufficient for all road and bridge purposes for the ensu- 
ing year ; but this tax cannot exceed the rate of forty cents 
on one hundred dollars, unless the voters at the annual town 
meeting so direct. In any case the rate cannot exceed sixty 
cents on one hundred dollars. 

Term. — The highway commissioners are elected for 
three years, one being elected annually. 



74 ILLINOIS AND THE NATION. 

TOWN BOARDS. 

Board of Appointment. — Whenever there is a vacancy 
in any town office, from any cause, the justices of the peace 
of the town, together with the supervisor and the town clerk, 
may choose some one to fill such vacancy for the remainder 
of the term. 

Board of Town Auditors. — The supervisor, town 
clerk and justices of the peace of every town constitute the 
board of town auditors. 

The board meets at the town clerk's*office twice each 
year — on Tuesday before the annual meeting of the county 
board, and on Tuesday before the annual election. At these 
times they examine the accounts of the supervisor and com- 
missioners of highways of the town, and audit all charges 
and claims against the town, and the compensation of all 
town officers, except that of supervisors for county services. 

Commissioner of Canada Thistles. — The board of 
auditors may appoint, when necessary, a commissioner of 
Canada thistles, whose duty it is to destroy all Canada this- 
tles growing in the town. He is appointed for three years. 

Board of Health. — The supervisors, assessors, and 
town clerk of every town constitute a board of health. 

It is their duty to make and enforce, when necessary, 
such regulations as may tend to check the spreading of con- 
tagious diseases in the town. 

Town Board of Equalization. — The assessor, town 
clerk and supervisor meet on the fourth Monday of June of 
each year, for the purpose of reviewing the assessment of 
property in the town. 

Due notice is given of the time and place of such meet- 
ing, and any person who may think he has been assessed too 
high, or that another person has been assessed too low, may 



TOWN GOVERNMENT. 75 

appear before the board of equalization, and have the matter 
investigated. 

The board equahzes all assessments as nearly as possible. 

JUDICIAL DEPARTMENT. 

Officers. — The judicial officers of the town are justices 
of the peace and constables. 

There are at least two justices and two constables in 
every town, and one justice and one constable additional for 
every one thousand inhabitants above two thousand, until 
there are five of each. 

Term. — Justices of the peace and constables are elected 
for four years. 

Justices for the city of Chicago are appointed by the 
governor. 

JUSTICES OF THE PEACE. 

Civil Suits. — Justices of the peace have jurisdiction in 
civil cases in which the amount in dispute does not exceed 
two hundred dollars. 

Criminal Affairs. — Justices have original jurisdiction 
in all cases of misdemeanor, when the punishment is by 
fine only, and the fine does not exceed two hundred dollars; 
and in all cases of assault, and assault and battery. 

A misdemeanor is an offense not punishable with death 
or imprisonment in the penitentiary. 

When an offense is punishable with death or imprisonment 
in the penitentiary, it is a felony. 

An assault is an attempt, coupled with present ability, of 
one person to do a violent injury to another. 

Assault and battery is the unlawful beating of another. 

Preliminary Examination. — When a person is sus- 
pected or accused of felony, he may be arrested and brought 
before a justice for a preliminary examination. 



76 ILLINOIS AND THE NATION. 

If the justice, or the jury summoned by the justice, has 
just cause to beUeve him guilty, he is held to bail or sent to 
jail to await the action of the grand jury. 

When a prisoner is held to bail, he procures a sufficient 
number of responsible persons who will pledge themselves 
in writing to pay into the public treasury a certain sum of 
money, if the prisoner, being set free, does not appear in 
court on a certain day. 

After a person has had his preliminary hearing, he must 
be indicted by the grand jury before he can be brought to 
trial. 

CONSTABLES. 

Duties. — Constables must keep the public peace by ar- 
resting all persons who offend against the laws in their pres- 
ence, and must proxnptly serve "the writs issued by the jus- 
tices and other m.agistrates. 

All judges and justices of the peace are also conservators 
of the peace wnthin their respective jurisdictions. 

Fees. — Justices and constables receive certain fees pre- 
scribed by law. 

Board of Assessors. — In the year 1894 and there- 
after, there will be elected in each town of not less than 
40,000, nor more than 100,000 inhabitants, in counties 
under township organization, a board of three assessors, 
whose powers and duties shall be the same as those of 
assessor in other towns. Their term will be three years, 
one being elected annually. Each member will receive 
^1,200 per annum. 



CHAPTER VI. 
CITY AND VILLAGE GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Cities under SpecialCharters.— Prior to 1870, cities 
could obtain from the legislature special charters for their 
government. 

These charters gave the cities to which they were granted 
certain privileges, named and defined the duties of the sev~ 
era! officers, and were, withal, the basis of the city govern- 
ments. 

The constitution of 1870 prohibits the granting of such 
special charters, or the amendment of those already granted. 

Cities under the General Law.— Since the adoption 
of the new constitution, all cities have been incorporated 
under the general law. 

The governments of cities under special charters often 
differ from one another very materially ; while under the 
general law all cities are governed in the same manner. 

The following discussion applies to cities organized under 
the general law: 

City Council. — The city council consists of the mayor 
and alderm.en. 

The mayor has no vote except in case of a tie. He is the 
presiding officer, rather than a member, of the council. 

The aldermen are from six to forty-eight in number, ac- 
cording to the population of the city, and are elected for 
two years. 

(77) 



78 ILLINOIS AND THE NATION. 

Wards. — For convenience in electing aldermen, cities 
are divided by the city council into half as many wards as 
there are aldermen, one alderman being elected from each 
ward annually on the third Tuesday in April. 

Wards must, as nearly as practicable, have an equal 
number of inhabitants, and be formed of compact and con- 
tiguous territory. 

Meetings. — The council determines the time and 
place of its regular and special meetings. All meetings 
are open to the public. 

Powers of City Councils. — The general law defines 
ninety-six different powers of city councils. The following 
are among the most important : 

Ordinances. — The council passes ordinances for the 
government of the city, and fixes such penalties as it may 
deem necessary, but no fine can exceed two hundred dollars, 
and no imprisonment can exceed six months for one offense. 

Animals at Large. — The council may prohibit the 
running at large of animals, including geese and dogs, and 
may impose a tax on dogs. 

Taxes. — The council has power to levy and collect 
taxes for general and special purposes. 

Officers. — The council acts upon all appointments of 
officers made by the mayor, and may confirm or reject them. 

Pay of Aldermen. — The pay of aldermien is fixed by 
the city council, but must not exceed three dollars to each 
alderman for each meeting of the council. No other com- 
pensation is allowed^ 

EXECUTIVE DEPARTMENT. 

Mayor. — The chief executive officer of a city is the 
mayor, who is elected for two years. 

He presides over the meetings of the city council, and 



CITY AND VILLAGE GOVERNMENT. 79 

has a vote in case of a tie. He may also veto any ordinance 
passed by the council. Two-thirds of all the members 
elected to the city council may pass an ordinance over the 
mayor's veto. In these respects the mayor's duties pertain 
rather to the legislative department. 

Appointment of Officers. — The mayor may, with the 
consent of the council, appoint certain officers. At such 
times the council exercises executive power. 

Message. — The mayor must present to the city council, 
at least once a year, a message regarding the affairs of the 
city, and recommend for their consideration such measures 
as he may deem expedient. 

Compensation. — The compensation of the mayor and 
of all the other city officers is fixed by the council, and can- 
not be changed during the term for which they are elected. 

City Clerk. — A city clerk is elected in every city for 
two years. He is the custodian of the corporate seal, and 
of all papers belonging to the city. 

He must attend the meetings of the city council and 
keep a record of its proceedings. 

He must record in a book kept for that purpose all ordi- 
nances passed by the council. 

City Treasurer. — This officer is elected for two years, 
and has charge of the city funds. 

His duties are much the same as those of the county 
treasurer. 

Assessor and Collector. — Instead of having the city 
taxes assessed and collected by the same officers and at the 
same time as other taxes, the city may elect a city assessor 
and a city collector. 

Other Officers. — By a vote of two-thirds of all the 
ai.dermen elected, the city council may provide for the elec- 



80 ILLINOIS AND THE NATION. 

tion by the legal voters, or for the appointment by the 
mayor, of certain other officers. 

Among those who, when so appointed or elected, have 
executive authority, are a city comptroller and a super- 
intendent of streets. 

City Comptroller. — The city comptroller is the special 
guardian of the funds of the city. He has general super- 
vision over all city officers who handle the city funds, and 
makes an annual estimate of the amount of money neces- 
sary to run each department of the city government for the 
ensuing year. 

Superintendent of Streets. — This officer has general 
supervision of the streets, and sees that they are kept in 
order. 

JUDICIAL DEPARTMENT. 

City Courts. — In cities having five thousand or more 
inhabitants, there may be city courts which shall at all times 
have concurrent jurisdiction with circuit courts, except for 
the crimes of treason and murder. 

A judge and a clerk of the city court are elected for four 
years. 

Police Magistrates. — Police magistrates, having the 
same jurisdiction as justices of the peace, may be elected in 
cities and villages for four years. 

Justices of the peace have jurisdiction in all matters 
pertaining to city and village ordinances. 

Corporation Counsel. — There may be elected, or ap- 
pointed, a corporation counsel, whose relation to the city 
and its officers is much the same as that of the attorney- 
general to the State and State officers. Only large cities 
have need of such an officer. 

City Attorney, — This officer is elected in every city 
for two years. 



CITY AND VILLAGE GOVERNMENT. 81 

He prosecutes offenders against the city ordinances, ad- 
/ises the city council and other officers, and conducts the 
lawsuits of the city. 

City Marshal and Policemen. — The mayor, with 
the consent of the council, may appoint a city marshal and 
a sufficient number of policemen, The marshal is at the 
head of the police force, and has all the powers of a con- 
stable. 

The sheriff of the county, or any other constable may 
serve any processes, or make any arrests authorized to be 
made by the city marshal. 

The mayor and the members of the city and village 
councils are conservators of the peace, and may make ar- 
rests for violation of ordinances or of any criminal law of the 
State, with or w^ithout warrants. 

Trustees of Villages. — Villages are governed very 
much the same as cities. In place of the city council there 
is a board of trustees, six in number, elected for one year. 
A president of the board of trustees is also elected each 
year. He has about the same powers as the mayor of a 
city, and the trustees have powers similar to those of alder- 
men. The president has a vote only in case of a tie. 

A village clerk is also elected. 

The president and board of trustees may appoint a 
treasurer, one or more street commissioners, a village con- 
stable, and a few other officers. 



CHAPTER VII. 
PUBLIC SCHOOL SYSTEM. 

ORIGIN. 

Ordinance of 1787. — In 1787 congress passed an ordi- 
nance for the government of the territory of the United 
States northwest of the Ohio River. The third article refers 
to education in this manner: " Religion, moraHty and knowl- 
edge being necessary to good government and the happiness 
of mankind, schools and the means of education shall for- 
ever be encouraged." 

Act of Congress, 1818. — In 1818 congress passed an 
act enabling the people of Illinois to form a State constitu- 
tion. Section six has the following provision: " The section 
numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equiva- 
lent thereto, and as contiguous as may be, shall be granted 
to the State for the use of schools." It is further provided 
that three per cent, of the net proceeds from the sale of pub- 
lic land within the State shall be appropriated by the legis- 
lature of the State for the encouragement of learning, and 
one-sixth of the amount shall be bestowed exclusively upon 
a college or university. 

State. Constitutions. — Neither the constitution of 
1 81 8 'nor that of 1848 makes any special mention of educa- 
tion. The constitution of 1870, on the contrary, has an en- 
tire article devoted to the subject, and declares that " the 
General Assembly shall provide a thorough and efficient 

(82) 



PUBLIC SCHOOL SYSTEM, 83 

system of free schools, whereby all children of the State may 
receive a good common school education." 

Laws of the State. — The first law providing for the 
establishment of free schools was passed in 1825. Many 
changes have since been made, some of which destroyed for 
a time the/r^d- school feature of the system. 

RELATION TO STATE GOVERNMENT. 

The public school system, though distinct in its purpose, 
is intimately connected with the government of the State in 
civil affairs. 

The General Assembly is the law-making power, and the 
ordinary courts have jurisdiction in school matters. But 
there are several executive officers who have to do with 
school matters only. 

With reference to the school system the State is divided 
into counties, townships, and school districts. 

SCHOOL FUNDS. 

State Funds. — The State school fund is made up from 
three distinct sources. 

Direct Tax. — Prior to i873ataxof two mills upon each 
dollar's valuation of the- property in the State was levied for 
school purposes. In that year the General Assembly passed 
a law providing that there shall be levied " for State school 
purposes, to be designated State School Fund (in lieu of the 
two-mill tax therefor), $1,000,000 annually." 

Interest on the School Fund Proper. — The School 
Fund proper consists of three per cent, of the proceeds of 
the sales of public lands in the State, one-sixth part excepted. 

The school fund proper is one of the permanent school 
funds of the State. It is called a permanent fund because 
no part of the fund itself, but only the interest upon it can 



84 ILLINOIS AND THE NATION. 

be expended. The interest on this fund is made a part of 
the State school fund. The one-sixth part of the proceeds 
excepted is known as the " College Fund." 

Interest on the Surplus Revenue. — In 1836 congress 
passed an act depositing with the States, in proportion to 
their representation in congress, the money that had accu- 
mulated in the national treasury — chiefly from the sale of 
public lands. Prior to this an unsuccessful attempt had 
been made to distribute this money among the States as a 
gift from the nation. The objections to this plan were over- 
comie by depositing the money with the States subject to re- 
turn at a call by congress. About $28,000,000 was deposited 
in this way, and none of it has ever been called for. Illinois 
received $477, 919.24. 

When Illinois received her share, the General Assembly, 
in 1837, made a large part of the "surplus revenue," as it is 
called, a part of the permanent common school fund. The 
interest on this is annually distributed among the schools of 
the State. 

The interest on the State school fund is paid by the 
State at the rate of six per cent, per annum. 

Distribution of State Funds to Counties. — There is 
a special arrangement provided by law by which the State 
fund is distributed among the' several counties with the 
least trouble and expense. In order to understand this, let 
us see how the funds would be distributed if there were no 
special arrangement. 

The interest on the school fund proper and on the sur- 
plus revenue is to be paid by the State from its funds in the 
hands of the State treasurer; and the $1,000,000 raised an- 
nually by taxation would come into the treasurer's hands 
with the other State tax, after passing through the hands of 
the town or county collectors and the county treasurers. 



PUZ^LIC SCHOOL SYSTEM. 85 

The State treasurer would then distribute the fund by 
the auditor's ordsr to the several counties. 

The special arrangement is designed to prevent the 
passing of the money from county to State and then back 
to the county. 

The State fund is distributed among the several counties 
in proportion to the number of persons under twenty-one 
years of age. 

On the first Monday of January of each year after 
taking the census of the State, the auditor of public accounts 
makes a dividend to each county of the money due it, and 
issues his warrant for the amount upon the county collector, 
and in favor of the county superintendent of schools. 

The treasurers in counties under township organfzation, 
and the sheriffs in counties not under township organization 
are, ex officio^ county collectors. 

The county superintendent presents the warrant to the 
county collector, and receives the money due the county. 
The county collector turns the warrant over to the State 
treasurer in lieu of the amount for which it was drawn. The 
State treasurer presents the warrants received from the sev- 
eral county collectors to the auditor, who takes them up and 
issues in their stead a warrant upon the State treasurer for 
the amount of the school tax warrants, and another for the 
amount of interest on the school fund proper and surplus 
revenue. 

In this way each county gets its share of the State fund 
from its own collector, and the evidence of this is in the 
hands of the State auditor. 



86 ILLINOIS AND THE NATION. 

STATE SUPERINTENDENT OF PUBLIC INSTRUC- 
TION. 

Funds. — The school law provides that the superintend- 
ent of public instruction shall pay over, without delay, all 
sums of money which may come into his hands by virtue of 
his office. 

There is no provision in the law at present by which 
money may come into his Tiands except in payment of his 
salary and the expenses of his office. 

Counsel with Teachers. — He is to counsel and advise 
with experienced and practical school teachers as to the best 
manner of conducting common schools. 

Supervision.— He has the supervision of all the com- 
mon schools in the State. 

Advisory Duties. — He is the general adviser and 
assistant of county superintendents of schools, and from 
time to time addresses circular letters to them relating to 
school matters. 

He is the legal adviser of all school officers, and when 
requested by any such officers, gives his opinion in 
writing upon any question arising under the school law of 
the State. 

Report. — The State superintendent reports biennially 
to the governor, giving the condition of the schools of the 
State; the number of schools taught in each county; certain 
facts regarding the number of male and female teachers; 
the number of pupils in attendance at school; the number 
of persons in each county under twenty-one years of age, 
and the number of persons between the ages of twelve and 
twenty-one who can not read and write; the amount of 
township and county funds, and the amount of State, coun- 
ty and township funds annually paid out; the amount raised 
by taxation; the whole amount annually expended for schools; 



PUBLIC SCHOOL SYSTEM. 87 

the number of schoolhouses, their kind and condition; the 
number of whole and fractional townships in each county; 
facts about apparatus and school libraries; and other facts 
relating to schools. He is also to give suggestions regard- 
ing changes in the school law. 

This report is laid before the General Assembly at its 
regular session, and is printed for free distribution. 

Funds Withheld. — The State superintendent has 
power to cause funds to be withheld from any school officer 
or teacher who has not complied with all the requirements 
of the law. 

Bond. — The State superintendent gives a bond for 
$25,000. 

Salary. — He receives a salary of $3,500 a year. 

COUNTY SUPERINTENDENT OF SCHOOLS. 

Accounts. — The county superintendent must keep an 
account of all sales of common school lands in his county, 
and of all sums of money received, loaned or paid out. 

Report to County Board. — He must present a writ- 
ten report to the county board at their regular meeting in 
September, giving a full statement of all sums of money in 
his charge since his last report, together with a statement of 
the condition of the county and township funds in his 
charge. 

Township Treasurers. — The county superintendent 
must examine all bonds given by township treasurers, and 
approve them or return them for correction. When they 
have been approved, he must pay over to the treasurers all 
sums of money, and all bonds, notes, and other securities 
and papers belonging to their respective townships. 

Apportionment. — He must apportion among the town- 
ships in which schools have been legally kept, the money 



88 ILLINOIS AND THE NATION. 

received upon the auditor's warrant from the State fund, 
together with the interest on the county fund, if there be one. 
He must see that every treasurer's bond is vaHd before 
paying him the sum apportioned for his township; and in 
case the directors of any district have not made their annual 
report, he withholds their share of the funds. 

Report to State Superintendent. — He must report 
to the State superintendent such facts as the latter may re- 
quire to assist him in making up his report to the governor. 

Advisory Duties. — In controversies arising under the 
school law, the opinion and advice of the county superin- 
tendent must first be sought, but appeal may be taken to the 
State superintendent. The county superintendent stands 
in much the same relation to the school officers and teach- 
ers of the county as the State superintendent stands to 
those of the whole State. 

Treasurers' Accounts.— The county superintendent 
must examine annually all accounts, books and vouchers of 
every township treasurer in his county, and report to the 
school trustees any irregularities he may find. He must 
also examine all bonds, notes and other securities for school 
funds held by every treasurer, and see that they are of 
proper form, and have sufficient security. 

Teachers' Associations.— He must encourage the 
formation, and assist in the management of county teachers' 
associations. 

Examinations. — He must hold examinations for 
teachers' certificates at least once every three months, and 
oftener, if necessary, at such times and places as will, in his 
opinion, accommodate the greatest number of applicants. 

Fee for Certificate. — The county superintendent 
must in all cases require the payment of a fee of one dollar 
from every applicant for examination for a teacher's certifi- 



PUBLIC SCHOOL SYSTEM. 89 

cate, and for each renewal of a certificate. He must pay 
the money received in this way to the county treasurer, and 
give him also a list of the names of persons paying the fees. 
The county treasurer keeps account of such fees as a part 
of what is known as the " institute fund." 

Teachers' Institutes. — The county superintendent 
must hold, annual!}', a teachers' institute, which must con 
tinue in session at least five days. Two or more adjoining 
counties m.ay hold an institute together. 

Instruction is free at such institutes to persons holding 
certificates good in the county, or counties, for which the 
institute is held, and also to those who have paid the re- 
quired fee and failed to receive certificates. All other per- 
sons must pay a registration fee of one dollar. The regis- 
tration fees are added to the institute fund, which is held 
subject to the order of the county superintendent, and is 
used only to defray the expenses of teachers' institutes. * 

Visiting Schools. — Prior to 1885, the county super- 
intendent visited schools only when directed to do so by the 
county board, or, in other words, the county board could 
pay him for visiting schools, or not, just as it pleased. As a 
rule, few superintendents visited schools more than a few 
days each year. 

Under the present law the county superintendent must 
visit every school in his county at least once a year. He is 
to spend at least one-half of the time given to his office in 
visiting ungraded schools. 

In counties having less than one hundred schools the 
county board may limit the time of the superintendent to a 
certain extent. In counties having not more than fifty 
schools, the limit cannot be less than one hundred fifty 
days ; in counties having from fifty-one to seventy-five 
schools (inclusive), not less than two hundred days; in coun- 
ties having from seventy-six to one hundred schools (inciu- 

* Sec note page 97, 



90 ILLINOIS AND THE NATION. 

sive), not less than two hundred fifty days. Of course, 
in counties having more than -one hundred schools, the su- 
perintendent is paid for his whole time. 

Bond. — The county superintendent gives a bond for a 
sum not less than f 12,000, to be increased at the discretion 
of the county board, by whom it must be approved. 

Compensation. — He receives four dollars per day for 
the time actually spent in the performance of his duties, and 
one dollar a day additional for expenses for the time spent 
in visiting schools. 

Besides this, he receives three per cent, commission on 
the amount of sales of school lands, and two per cent, com- 
mission on all sums loaned, distributed, or paid out for the 
support of schools. 

TRUSTEES OF SCHOOLS. 

Election. — The business of the school township is done 
by three trustees, one of whom is elected on the second Sat- 
urday in April, annually. In cases where the boundaries of 
the school township coincide and are identical with the 
boundaries of the town, as established under the township 
organization laws, the election for school trustees is held at 
the same time as the annual town meeting. This is on the 
first Tuesday in April. 

If this is not clear to you, review what was said in the 
third chapter of this book about the school township, the 
town, and township organization. There is a great deal of 
mistiness in the popular mind regarding these divisions and 
their officers. Election tickets for the town officers are 
often headed, " Township Ticket," and the various officers 
of the town are called ''township officers." Remember 
that the only township officers elected by the people are three 
trustees of schools. 



PUBLIC SCHOOL SYSTEM. 91 

Are the trustees of schools in your township elected at 
the same time as your town officers ? 

Term. — School trustees are elected for three years. 

Meetings. — The trustees hold regular semi-annual 
meetings on the first Monday of April and October, and 
such special meetings as may be necessary. 

Appointment of Township Treasurer. — The 

board of trustees appoint one of their number president, 
and some resident of the town, who is neither a trustee nor 
a school director, township treasurer. 

Division of Township into Districts. — The board 
of trustees divide their township into a suitable number of 
districts for the convenience of a majority of its inhabitants. 

After districts have been formed, they may be changed 
by the trustees so as to divide or consolidate districts, to 
make a new district out of territory belonging to two or 
more districts, or to take territory from one district and 
add it to another. In such cases the trustees can act only 
upon the petition of a majority of the legal voters of each 
district affected, or of two-thirds of the voters in a certain 
territory when such territory is to be added to another dis- 
trict, or made into a separate district. In the latter case 
the territory must contain at least ten families. 

Distribution of Funds. — At the regular semi-annual 
meetings the trustees ascertain the amount of State, county 
and township funds on hand and subject to distribution, 
and apportion it among the several districts which have kept 
schools according to law, in proportion to the number of 
persons under twenty-one years of age. 

The amount apportioned to each district is placed to its 
credit on the treasurer's books, and is paid out upon the 
orders of the directors of the district. 

The township fund consists mainly of the proceeds of 



92 ILLINOIS AND THE NATION. 

the sale of the sixteenth section, and the interest there- 
on. The interest only is apportioned to the districts. The 
principal must forever be loaned for the use of the town- 
ship. 

Examination of Accounts. — At their semi-annual 
meetings, and at other times, if they think proper, the 
board examines all books, notes, mortgages, and other 
papers belonging to the township, and sees that the funds 
are properly managed. 

Township High Schools. — The voters of the town- 
ship may elect to establish a township high school for the 
education of the more advanced pupils. In this case the 
trustees have charge of the school in all respects, the same 
as directors in case of district schools. 

Compensation. — The trustees of schools give no 
bonds, and receive no compensation for their services. In 
counties under township organization they are exempted 
from road labor and military duty. 

TOWNSHIP TREASURER. 

Clerk of Board of Trustees. — The township treas- 
urer is clerk of the board of trustees of his township. He 
keeps a record of all the official proceedings of the board. 

Report to County Superintendent. — As clerk of 
the board of trustees, he reports to the county superintendent 
such facts as the latter must report to the State superin- 
tendent. ^ 

Care of Funds. — The township treasurer is custodian 
of the school money of the tov;nship and the several dis- 
tricts. 

It is his duty to keep the permanent school funds at in- 
terest. 

Semi- Annual Statement.— At each regular meeting 



PUBLIC SCHOOL SYSTEM. 93 

of the trustees he must present to them a full statement of 
the affairs of the township, and lay before them all papers 
pertaining to his office. 

Annual Exhibit. — He must annually make out a com- 
plete statement of the sums of money received, paid out, 
and on hand, with reference to the township and each 
school district, and present it to the trustees at their fi^st 
meeting after the annual election. 

Statement to Districts. — Twice each year the town- 
ship treasurer must make out a statement for each district, 
giving an itemized statement of receipts and expenditures 
since the last report, and showing the sum of money to 
which the district is entitled at the time of the statement. 
This statement must be sworn to by the treasurer and de- 
livered to the clerk of the board of directors for the district. 

Statement to County Superintendent. — The town- 
ship treasurer must make an annual statement, under oath, 
to the county superintendent, showing the exact condition 
of the township funds. 

Term. — The township treasurer is appointed for two 
years. 

Bond. — He gives a bond sufficient to cover all liabilities 
incurred. 

Compensation. — The compensation of the township 
treasurer is fixed by the board of trustees prior to his ap- 
pointment. 

SCHOOL DIRECTORS. 

Election. — Each school district has three directors, one 
being elected annually on the third Saturday in April at the 
district election. 

Election notices must be posted at least ten days before 
the election, stating the place of holding the election, the 



94 ILLINOIS AND THE NATION. 

time of opening and closing the polls, and the questions to 
be voted upon. 

The question of building a schoolhouse, moving one 
already built, extending school beyond nine months, and 
some other questions may be voted upon, if due notice has 
been given. 

" Organization. — Within ten days after the annual elec- 
tion, the directors meet and organize by appointing one of 
their number president and another clerk. 

The president presides at the meetings, and executes the 
orders of the board. 

Record. — The clerk must keep a record of all the pro- 
ceedings of the board in a book provided for the purpose, 
and must submit the records to the inspection of the town- 
ship treasurer on the first Monday of April and of October. 

Reports. — The clerk must report to the township treas- 
urer on or before the seventh day of July, annually, such 
facts as the treasurer is required to report to the county 
superintendent. 

Statement to Voters. — The directors must present 
to the voters of the district at the annual election, a de- 
tailed statement of their receipts and expenditures, and a 
copy of this statement must be furnished the township 
treasurer within five days of the time of the election. 

Meetings. — The directors must have regular meetings 
at such times as they may designate, and may hold special 
meetings when necessary. 

No business can be legally transacted except at a regular 
or special meeting. 

Power to Levy Tax. — The directors may levy a tax 
not to exceed two per cent, for school, and three per cent, 
for building purposes, upon all the taxable property of th-i 
district. 



Public school system. 95 

The directors ascertain as nearly as they can the amount 
of money necessary to be raised by taxation in their district, 
and certify to the township treasurer on or before the first 
Tuesday in August, annually, that such an amount is needed. 

The directors first determine how much money will be 
needed for all purposes for the next year, and knowing from 
the treasurer's statement the amount of State, county and 
township funds due their district by apportionment, they are 
enabled to determine the amount necessary to be raised by 
special tax. 

School Year. — The directors establish and maintain 
for at least one hundred ten days of actual teaching a suffi- 
cient number of free schools for the accommodation of all 
children in the district over the age of six, and under the 
age of twenty-one years. 

Unless the school is kept at least one hundred ten days, 
the district cannot receive any of the State fund appor- 
tionment. 

Rules for the School. — The directors must adopt 
and enforce necessary rules and regulations for the proper 
management and government of the schools. 

Visiting Schools. — The directors must visit the 
schools from time to time as the good of the schools may 
require. 

Employment of Teachers. — The directors employ 
teachers, fix their salaries, and may dismiss them for incom- 
petency, cruelty, negligence, immorality, or other sufficient 
cause. 

Directors cannot legally employ a teacher unless he has 
a certificate from the county superintendent good for the 
whole time for which he is employed. 

. Branches of Study. — They must direct what branches 
of study shall be taught, and what textbooks and apparatus 
shall be used. 



l)5 ILLINOIS AND TICE NATION. 

They must enforce strict uniformity of textbooks, but 
changes in textbooks cannot be made oftener than once in 
four years. 

Schedules, — The directors must examine the schedules 
presented by the teacher, and certify to their correctness, if 
no mistakes be found in them. 

They must then give the teacher an order upon the 
township treasurer for his pay. 

The schedules must be delivered by the directors to the 
township treasurer on or before the seventh of July an- 
nually. 

Compulsory Education. — Every person having con- 
trol of any child between the ages of seven and four- 
teen years, shall annually cause such to attend some 
public or private day school for at least sixteen weeks, 
twelve weeks of which must be consecutive. Willful 
neglect of such duty renders persons having charge of 
any such child subject to a forfeit of not less than one, 
nor more than twenty dollars. 

School boards and directors 77taj/ appoint one or 
more proper persons to report to them in writing all 
such violations of the law; and it is their duty to 
appoint one of their number, who shall be a discreet 
and proper person, to hear excuses and reasons from 
parents and guardians for failure of children to attend 
school. 

Transfer of Pupils. — Pupils may be transferred from 
one district to another upon the written permission of the 
boards of directors of both districts. Such permits must be 
filed with the township treasurer. 

Compensation. — Directors give no bond and receive 
no compensation for their services. The directors may 
allow their clerk compensation for work actually performed. 

In counties under township organization, directors are 
exempt from road labor and military duty. 



PUBLIC SCHOOL SYSTEM. 97 

Boards of Education. — In each school district hav- 
ing not less than one thousand, nor more than one 
hundred tho-usand inhabitants, a board of education 
is elected. This board consists of six members and a 
president, who has no vote except in case of a tie. 
Three additional members are elected for every addi- 
tional ten thousand inhabitants, but no board can have 
more than fifteen members. In each city of more than 
one hundred thousand inhabitants, a board of educa- 
tion, consisting of twenty-one members, is appointed 
by the mayor with the consent of the city council. 
Prior to 1870 many cities obtained special charters for 
the government of their schools, and so form excep- 
tions to the above provisions of the general law. 



Note. Institutes During' Term Time.— By a law passed in 1887, the 

time not exceeding three days in any one term, or five days in any one year, actually 
spent by a teachei of any public school in the State in attendance upon a teachers' 
institute, under the direction of the county superintendent, is considered time lawfully 
expended by the teacher in the service of his district, and no deduction of wages can 
be made for such absences. Directors must allow teachers to close their schools fo: 
such attendance upon these institutes. 



CHAPTER VIII. 
MISCELLANEOUS. 

BOARDS OF STATE INSTITUTIONS. 

Term, Appointment and Pay. — The terms of the 
members of all boards of State institutions, except the board 
of trustees of the Illinois State Reformatory, are uni- 
form at six years; with the exception of the trustees of the 
University of Illinois, they are all appointed by the Gov- 
ernor with the consent of the Senate; and with the exception 
of the Penitentiary Commissioners, they receive only their 
traveUng and personal expenses. 

STATE EDUCATIONAL INSTITUTIONS. 

Illinois State Normal University. — The oldest ed' 
ucational institution of the State is the Normal University, at 
Normal, McLean county. It was established in 1857. Its 
purpose is to prepare teachers for their work in the public 
schools of the State, The institution is under the control of 
the Board of Education of the State of IlHnois. This board 
consists of fifteen members. The State Superintendent of 
Public Instruction is ex officio a member and secretary of the 
Board. 

Southern Illinois Normal University. — This insti- 
tution was established in 1869. It is located at Carbondale, 
Jackson county. Its object is to qualify teachers for the 
'schools of the State. The Southern Illinois Normal is con- 
trolled by a board of trustees, five in number. 

(98) 



MISCELLANEOUS. 99 

University of Illinois. —This institution, located at 
Urbana, Champaign county, was estabUshed in 1867, under 
the name of Illinois Industrial University. The change to 
University of Illinois was made in 1885, the fact that the 
word industrial is applied to charitable and penal institutions 
being the principal reason for the change. 

In 1862 congress provided for the apportionment, to 
such of the States as should comply with certain provisions 
within five years, of an amount of pubhc land equal to thirty 
thousand acres for each senator and representative in congress 
to which each State was entitled by the census of i860. One 
of the provisions of the grant was that there should be es- 
tablished in each State desiring to obtain an apportionment 
of land at least one college in which the leading object should 
be to teach such branches of learning as are related to agri- 
culture and the mechanic arts. No part of the proceeds of 
the sale of such pubhc lands can be used for the purchase, 
erection, or repair of any building, but must be safely invested 
in stocks, the interest being used for the support and main- 
tenance of the college. 

The present University of Illinois was established under 
the provisions of this act of congress. For several years it 
has been controlled by a board of trustees, eleven in number. 
Three trustees were appointed from each supreme court 
grand division, and the Governor and the President of the 
State Board of Agriculture were ex officio members. In 1887 
a law was passed providing for the election by the people of 
nine trustees — three being elected every two years, the first 
election occurring in 1888. The State Superintendent was 
added to the ex officio members. 

STATE CHARITABLE INSTITUTIONS. 

Hospitals for the Insane. — lUinois has four hospitals 
for the insane. The Northern is located at Elgin, Kane 



100 ILLINOIS AND THE NATION. 

county; the Eastern, at Kankakee, Kankakee coiintyj the 
Central, at Jacksonville, Morgan county; the Southern, at 
Anna, Union County. 

Each hospital, or asylum, as it is generally called, in un- 
der the control of a board of trustees, consisting of three 
members. 

Institution for the Deaf and Dumb.— This institu- 
tion is located at Jacksonville. It is maintained for the ed- 
ucation of the deaf and dumb. A board of trustees, three 
in number, has control of the institution. 

Institution for the Blind. — This institution is also 
at Jacksonville. It is under the control of a board of 
trustees of three members. 

Asylum for Feeble-Minded Children. — This asylum 
is located at Lincoln, Logan county. 

Its purpose is to fit feeble-minded children, as far as 
possible, for earning their own livelihood. It has a board of 
trustees, three in number. 

Eye and Ear Infirmary. — This infirmary is located 
at Chicago. Its object is to provide gratuitous board and 
medical treatment for all indigent resiaents of Illinois who 
are afflicted with diseases of the eye or ear. 

It was incorporated as a private charitable institution in 
1865, became a State institution in 1871, was burned at the 
time of the great Chicago fire, and was rebuilt in 1873. 

There are three members of the board of trustees which 
controls the institution. 

Soldiers' Orphans' Home. — This Home for the ed- 
ucation of the orphans of Union soldiers is at Normal. It 
was established in 1865, and is under the control of a board 
of trustees, three in number. 

Soldiers' and Sailors' Home.— This institution, es- 
tablished in 1885, is at Quincy, Adams county. Its purpose 



MISCELLANEOUS. 101 

is to provide a home and subsistence for such honorably dis- 
charged ex-soldiers and sailors, residents of Illinois, who from 
age or other cause are unable to maintain themselves, and 
yet, under the existing laws, cannot be admitted to one of the 
National homes. 

A board of three trustees has charge of this Home. 

Illinois Industrial Home for the Blind. — An act 
passed in 1887 provides for an industrial home designed to 
promote the welfare of the blind by teaching them trades 
and affording them such employment as will best tend to 
make them self-supporting. Cook county is given as the 
location. 

The Governor, with the consent of the Senate, 
appoints five trustees wha serve two years. No trustees 
were appointed or other steps taken until 1893. 

STATE PENAL AND REFORMATORY INSTITU- 
TIONS. 

Illinois State Penitentiary. — This institution is lo^ 
cated at Joliet, Will county. It is under the control of a 
board of commissioners. The commissions meet at the 
penitentiary once a month for the purpose of inspecting it, 
and receiving the reports of the warden and other officers. 
They make a biennial report to the Governor. 

Each commissioner must give a bond for $25,000, and his 
salary is $1,500 a year. 

Southern Illinois Penitentiary. — This penitentiary 
is located at Chester, Randolph county. It is controlled by 
a board of commissioners similar to that for the penitentiary 
at Joliet. 

. Convict Labor. — In 1886 an amendment to the State 
constitution was adopted, prohibiting the letting by contract 
to any person or corporation the labor of any convict 



102 ILLINOIS AND THE NATION. 

confined within any penal or reformatory institution of the 
State. 

The State now furnishes the tools, machinery and ma- 
terials necessary to keep all the convicts employed, and 
offers for sale the products of their labor. 

Illinois State Reformatory. — This institution, for- 
merly known as the State Reform School, is located at 
Pontiac, Livingston County. It is for the confinement, 
education and reformation of boys between the ages of ten 
and sixteen years, who have been convicted of crimes, which, 
if committed by an adult, would be punishable with impris- 
onment in the county jail or the penitentiaries. Male 
criminals between the ages of sixteen and twenty-one years, 
who have not before been sentenced to a penitentiary, may 
also be sentenced to the reformatory instead of a penitentiary 
in the discretion of the court. 

Persons are not sentenced to the reformatory for any 
definite time, and the board of managers may terminate the 
sentence at any time; provided, that unless the sentence is 
sooner terminated by the managers, it will expire with the 
maximum time fixed by law for the given crime. The man- 
agers have power to release prisoners on parole during good 
behavior. 

The reform school is managed by a board of managers, 
five in number, who receive traveling expenses while on ne- 
cessary business of the institution. They serve five years. 

STATE BOARDS. 

Commissioners of State Contracts, — The Secre- 
tary of State, Auditor, Treasurer, and Attorney-General are, 
ex officio^ commissioners of State contracts. They have 
charge of the letting of State contracts, such as those for 
fuel, stationery, and printing. 



102a II,I,INOIS AND THE NATION. 

State Home for Juvenile Female Offenders. — This 
institution was established in 1893. Its permanent loca- 
tion is at Geneva, Kane county . It is for the confine- 
ment, education and reformation of girls between the ages 
of 10 and 16 years, who have been convicted in courts of 
record of offenses which, if commijtted by an adult, would 
be punishable by confinement in a house of correction or 
a county jail. In any such case the trial judge may com- 
mit the offender to the house of correction or county jail, 
or to the State home, in his discretion. If sent to the 
State home, the term of confinement is not less than one 
year, nor beyond the minority of the offender. Girls be- 
tween the ages of ten and sixteen years, convicted before 
any j ustice of the peace or police magistrate of any misde- 
meanor, may, in his discretion, be punished in the ordi- 
nary manner provided by law, or they' may be committed 
\o the State home for a term not less than three months 
nor beyond their minority. 

This home is managed by a board of seven trustees, 
four of whom are women. The trustees are known as 
"State Guardians for Girls" and have power to place 
girls who have been committed to the State home in the 
home of any good citizen, or to give them to proper per- 
sons who will adopt them, or to bind them as apprentices 
to reputable citizens during their minority. The gov- 
ernor of the State or the trustees of the home may dis- 
charge any offender at any time if, in their judgment, 
such action is advisable. 



MISCELLANEOUS. 108 

Printer Expert. — The Governor appoints a practical 
printer, who has had at least six years' experience, to assist 
these commissioners in letting the State printing by estima- 
ting the amount of work to be done and the paper needed, 
etc. He receives $6 for each day of actual service. 

State Board of Health.— The State board of health 
was created by law in 1877. The board consists of seven 
members, appointed for seven years. 

It is the duty of the board to prevent the introduction of 
contagious diseases into the State. They have power to 
quarantine when necessary. 

The board also grants certificates authorizing competent 
persons to practice medicine within the State. 

The members of this board receive only their expenses. 

Returning Board. — The Secretary of State, Auditor, 
Treasurer, and Attorney- General constitute what is called 
the State Returning Board. They, or any two of them, within 
twenty days after every general election, must, in the pres- 
ence of the Governor, canvass the election returns made by 
the several county clerks, so as to determine who has the 
highest number of votes for each office. 

State Board of Equalization. — The board consists 
of one member, elected by the people, from each congres- 
sional district, and the Auditor of Public Accounts. The 
board meets annually at the State capital on the second 
Tuesday in August. 

It is the duty of the board to examine the assessments of 
taxes from the different counties, and so to equalize them 
that no county shall be assessed too much or too little. 

The members receive $5 a day for the time actually em- 
ployed, and a mileage of ten cents for each mile of necessary 
travel. Their term is four years. 



104 ILLINOIS AND THE NATION. 

State Board of Agriculture. — The members of this 
board are a president, one vice-president from each con- 
gressional district in the State, and the last ex-president of 
the board. The board is elected on the State fair grounds on 
the first Wednesday of the fair, biennially in even numbered 
years, by delegates from the several counties. The delegates 
are appointed by* the agricultural societies of their respective 
counties, or by the county board, if there be no such society 
in the county. 

The board has charge of the State department of agri- 
culture, and of th^ State fairs and stock shows. 

Canal Commissioners. — The canal commissioners, 
three in number, are appointed by the Governor, with the 
consent of the Senate, for two years. They are to be "dis- 
creet and skillful persons," and have general control of the 
Illinois and Michigan canal, and the locks, dams and other 
improvements of the navigation of the Illinois and Little 
Wabash Rivers. 

The treasurer gives a bond for $50,000, and the other 
members for $25,000. Each commissioner receives $5 a 
day for the time actually employed. 

Railway and Warehouse Commission. — This 
board consists of three commissioners, appointed by the 
Governor, with the consent of the Senate, for two years. 
The commissioners examine into the condition of all railways 
and public warehouses in the State, and see that they are 
managed according to law, and* for the accommodation and 
security of persons doing business with them. 

Each commissioner gives a bond for $20,000, and receives 
a salary of $3,500 a year. 

Grain Inspectors. — A chief grain inspector is appointed 
by the Governor, with the consent of the Senate, for two 
years. He has general supervision of the inspection of 



MISCELLANEOUS. 105 

grain in warehouses, and acts under the advice and imme- 
diate direction of the railway and warehouse commission. 
He gives a bond for §50,000, and receives a salary fixed by 
the commission. 

The chief grain inspector nominates a suitable number of 
persons for assistant inspectors, and the railway and ware- 
house commissioners are authorized to make such appoint- 
ments, and to fix the salaries of the assistants. The assistant 
inspectors give bonds for ^5,000. 

State Weigh- Masters. — In all cities where there is 
State inspection of grain, the railway and warehouse com- 
missioners appoint a State weigh-master and such as^'stants 
as may be necessary. 

The State weigh-master and his assistants have exclusive 
control of the weighing of grain and other property which 
may be subject to inspection. They also inspect the scales 
used in weighing such property. 

The pay of the State weigh-master and his assistants is 
fixed by the railway and warehouse commission. 

Commissioners of Public Charities, — The board of 
State commissioners of public charities consists of five mem- 
bers appointed by the Governor, with the consent of the 
Senate, for five years. 

The commissioners, or some one of them, must visit, at 
least twice a year, all the charitable and correctional insti- 
tutions of the State. They make an annual report to the 
Governor, giving the results of their investigations and such 
suggestions as they may deem proper. 

These commissioners give no bond, and receive no pay 
except traveling expenses. 

Bureau of Labor Statistics.— This bureau consists 
of five commissioners appointed by the Governor, with the 
consent of the Senate, for two ycarse Three of the com- 



106 ILLINOIS AND THE NATION. 

missioners must be manual laborers, and the other two man- 
ufacturers or employers of labor in some productive industry. 
The commissioners collect statistics relating to labor and the 
laboring classes, and present them in their biennial report to 
the General Assemblies. 

They receive $5 a day for thirty days, annually, besides 
traveling, incidental and office expenses. They appoint a 
secretary at a salary of $1,200 a year, 

. Fish Commissioners. — These commissioners, three in 
number, are appointed by the Governor, with the consent of 
the Senate, for three years. 

It is their duty to select suitable locations for State fish 
hatching and breeding establishments, to take measures for 
the propagation and increase of native food fishes, and for 
the introduction of new varieties of food fishes into the 
pubHc waters of the State. 

The commissioners may employ a fish culturist as super- 
intendent of all fish establishments. They are allowed ex- 
penses not to exceed $300 per annum for the entire board. 

Commissioners of State Library. — The Governor, 
Secretary of State, and State Superintendent of Public In- 
struction are, ex officio^ commissioners of the State Library. 
The Secretary of State is librarian. This library is for the 
use of the State officers. 

The above named officers are also trustees of the State 
historical library and natural history museum. The museum 
and library are now located at Springfield. 

State Geologist. — This officer, who is also curator of 
the State historical library and natural history museum, is 
appointed by the board of trustees of the library and museum. 
His term of office is not defined by law. 

It is his duty to make a geological survey of the State and 
to publish a report of his work, annually; also to collect a 



MISCELLANEOUS. 107 

complete set of the specimens of the geology of Illinois. 
He receives as geologist and curator the sum of $2,000 
a year. 

Lincoln Homestead Trustees.— The Governor, 
Secretary of State, Auditor, Treasurer and Superintendent of 
Public Instruction constitute a board of trustees to hold in 
trust for the State of Illinois, the Lincoln homestead in 
Springfield. The pubHc now have free access to the home- 
stead. 

Live Stock Commissioners. — A board of live stock 
commissioners, consisting of three practical stock breeders, 
is appointed by the Governor, with the consent of the Senate, 
for three years. 

It is the duty of this board to cause to be investigated 
all cases, real or alleged, that may come to its knowledge of 
contagious or infectious diseases among domestic animals. 
The board has power to quarantine all premises where disease 
exists, or has recently existed, together with all exposed 
premises. It has power to order the slaughter of all such 
animals as have been exposed to any contagious disease. 
The State Veterinarian and his assistants act under the 
direction of this board. 

The board reports annually to the Governor a full state- 
ment of its transactions and expenditures, and recommends 
the payment of such damages for the slaughter of animals as 
it shall deem proper. 

The members of the live stock commission receive their 
necessary traveling and incidental expenses. 

Officers for the Prevention of Cruelty to Ani- 
mals. — The Governor, with the consent of the Senate, 
appoints one officer in the town of Lake, in Cook County, 
one for East St. Louis, and one for Peoria, to enforce the 
laws for the prevention of cruelty to animals. They are 
especially to see that stock in stock yards or at distilleriest 



108 ILLINOIS AND THE NATION. 

breweries, or other places where stock is kept, are properly 
fed and cared for, and tiiat stock receive the full amount of 
feed for which the owner or shipper is charged. 

These officers report quarterly to the Governor. Their 
term is two years, and they receive salaries not to exceed 
$1,200 a year. 

Inspectors of Coal Mines. — The Governor, upon 
the recommendation of a board of examiners selected by the 
bureau of labor statistics, appoints fi/e properly qualified 
persons to the offices of inspectors of coal mines. These in- 
spectors devote their whole time to the inspection of coal 
mines, taking care that every necessary precaution is taken 
to insure the health and safety of miners. 

The inspectors give bonds for $5,000, and receive salaries 
of $1,800 a year. 

State Horticultural Society.— This society embraces 
the northern, central, and southern district horticultural 
societies of this State. It is controlled by an executive board 
consisting of the president and secretary of the State society 
and the president and one vice-president of each district 
society. The board has the sole care and disposal of certain 
funds appropriated by the legislature for the promotion of the 
interests of gardening and tree culture in this State. 

The board holds biennial meetings, and reports its 
transactions to the governor. 

Board of Pharmacy. — The Governor, with the consent 
of the Senate, appoints competent persons to constitute a 
board of pharmacy. The members of this board are recom- 
mended to the governor by the Illinois Pharmaceutical 
Association, and must be persons of at least ten years' practical 
experience in the dispensing of physicians' prescriptions. 
They are appointed for five years. 

It is the duty of tbis board to examine all applications 
made by persons who desire to become registered pharma- 



MISCELLANEOUS. 109 

cists, or registered assistant pharmacists, and to grant certi- 
ficates of registration to such persons as are legally qualified 
to receive such certificates. 

The board makes an annual report of its transactions to 
the Governor. The members choose one of their number 
president, and another secretary. 

The secretary receives a salary fixed by the board. The 
other members receive $5 a day for the time actually em- 
ployed. All receive necessary traveling and incidental 
expenses. 

Commission of Claims. — The Governor, with the 
consent of the Senate, appoints three persons to serve four 
years as a commission of claims to adjust claims of various 
kinds against the State. They receive $15 a day for time 
actually employed. 

OFFICERS APPOINTED BY THE GOVERNOR. 

State Veterinarian. — The Governor appoints a State 
veterinarian who acts under the direction of the live stock 
commission. He may, with the consent of the commission, 
appoint as many assistants as may be necessary. 

The State veterinarian receives $8 a day for the time 
actually employed, together with all necessary traveling 
expenses. 

Chieag"© Justices of the Peace.— The Governor, 
with the consent of the Senate, appoints 48 justices of 
the peace for the city of Chicago. These have the same duties 
and pay as other justices of the peace. They are appointed 
upon the recommendation of the judges of the circuit, 
superior, and county courts of Cook county. 

Notaries Public— The Governor, with the consent of 
the Senate, may appoint as many notaries public as he may 
deem necessary, but no person can be appointed except upon 



110 ILLINOIS AND THE NATION, 

petition of at least fifty legal voters of the city, village, town 
or precinct for which he is appointed. 

Notaries public are appointed for four years. They have 
authority to administer oaths, take depositions, take acknowl- 
edgment of such instruments as deeds and mortgages. 

A deposition is the written testimony of a witness sworn 
to before a proper officer. Depositions are received in courts 
as evidence. 

Commissioner of Deeds. — The Governor of this 
State may appoint commissioners of deeds in other States, in 
the Territories, and in foreign states. These commissioners 
have power to take acknowledgment of deeds and other in- 
struments, and to take depositions. Their official acts have 
the same effect as if they had been done by an officer residing 
within the State. 

Public Administrators.— The Governor, with the 
consent of the Senate, must appoint in each county of the 
State a public administrator, whose duty it is to act as admin- 
istrator of the estates of deceased persons having no relative 
or creditor within the State who will act as administrator. 

Superintendent of the Banking* Department.— 

This officer is appointed by the Governor, with the consent 
of the Senate, for four years. The superintendent has gen- 
eral supervision of the savings banks of the State, He or 
his assistants examine every savings bank in the State at 
least once in two years. He receives detailed reports from 
the trustees of every savings bank on or before the first day 
of November, annually. It is his duty to make a statement 
to the legislature of the condition of every savings bank on 
or before the first day of February of each assembly year. 
The superintendent of the banking department gives a 
bond for $10,000, and receives a salary of $2,000 a year. 



MISCELLANEOUS, 111 

State EntomolOg*ist. — This officer is appointed by the 
Governor, with the consent of the Senate, for two years. He 
is a competent and scientific person, and devotes his time to 
investigating the entomology of Illinois, and particularly in 
studying the history of insects injurious to the gardener and 
the farmer. He collects and preserves a cabinet to be 
deposited with the University of Illinois. 

The State entomologist prepares for publication an an- 
nual report of his researches and discoveries in entomology. 

Printer Expert and Chief Grain Inspector — 

These officers are appointed by the Governor. Their duties 
have been given on pages 102 and 104 respectively.* 

THE STATE MILITIA. 

Citizen Soldiers. — The miHtia, or, as it is sometimes 
called, the citizen soldiery of the State, consists of all able- 
bodied men residing within the State, who are between the 
ages of eighteen and forty-five. Certain persons, however, 
are exempted from military duty by the laws of the United 
States or of this State. 

While all the able-bodied men, with a few exceptions, are 
liable to be called upon to bear arms, only those who have 
voluntarily formed themselves into organized companies and 
regiments are called out by the Governor so long as these 
are sufficient in number. 

All officers of the militia are commissioned by the Gov- 
ernor. The Governor himself is commander-in-chief. 

Adjutant-General. — The chief officer of the miHtia, 
next to the commander-in-chief, is the adjutant-general. 
The Governor issues his orders to the militia through the 
adjutant-general. His pay is $3,000 a year. 

ILLINOIS CENTRAL RAILROAD. 

Authorized by Congress. — In 1850, through the ef- 
forts of Stephen A. Douglas, a bill was passed by congress 

^See Insurance Superintendent, page 120c. 



112 ILLINOIS AND THE NATION, 

granting to the State of Illinois the right of way through the 
public lands for the construction of the Illinois Central rail- 
road. This road was to extend from the southern terminus 
of the Illinois and Michigan canal to a point at or near the 
junction of the Ohio and Mississippi Rivers, with a branch to 
Chicago, and another by way of Galena, in Illinois, to 
Dubuque, in Iowa. 

To aid in the construction of the railroad, congress also 
gave to the State every alternate section of land designated 
by even numbers, for six sections in width on each side of the 
road and its branches. 

The road was to be completed within ten years from the 
passage of the act granting the right of way and the public land. 

Charter from the State. — in 1851 the General As- 
sembly of the State gave to a corporation known as the 
lUinois Central Railroad company, a deed of trust for all 
the lands received from congress, on the condition that the 
company should build the road and its branches within a 
specified time, and pay into the State treasury on the first 
Monday of December and June of each year seven per cent, 
of the gross earnings of the company. The fiist payment 
was to be made in four and six years on the road and its 
branches respectively, or when completed, if before the 
times named. 

This railroad brought about an immediate settlement of 
the State, and the semi-annual income derived from it has 
made State taxes comparatively light, and has enabled us to 
free our State from debt. 

The annual income from this railroad is about $400,000. 

The new constitution provides that the Illinois Central 
Railroad shall never be in any way released from its obliga- 
tions to the State, and that, after the State debt is paid, the 
money received from it shall be used only for the ordinary 
expenses of the State . 



MISCELLANEOUS. 118 

ILLINOIS AND MICHIGAN CANAL. 

Authorized by Congress.— In the year 182 2 Congress 
granted to the State of Illinois for the purpose of joining the 
Illinois River and the head of Lake Michigan, the right of 
way for the construction of the Illinois and Michigan canal 
About the time the grant was made, a survey of the route 
was made by engineers employed by the State. It was 
estimated that the canal would cost $640,000. 

In 1827 another act waspassed by congress granting to the 
State of Illinois the alternate sections of the public lands for 
five miles on each side of the canal and along its entire route. 
The canal was to be begun within five years and completed 
within twenty years. 

Legislative Acts. — In 1325 a company was incor- 
porated by the State legislature for the purpose of construct- 
ing the canal, but sufficient stock was not subscribed. In 
1829 an attempt was made to begin the work under a new 
law, but with little success. A new survey of the route was 
made and some of the land of the grant of 1827 was sold. 
Chicago and Ottawa were laid out at this time. A subsequent 
attempt to raise the necessary funds by a loan upon the 
pledge of the canal lands proved a failure. Finally, in 1835, 
a loan of half a million dollars upon the credit of the State 
was effected, and the real beginning of the construction of 
the canal was made in the summer of the next year. A little 
later a loan of $4,000,000 was authorized for the completion 
of the canal. It is 102 miles long, and cost $8,654,337. 



114 ILLINOIS AND THE NATION. 

CONGRESSIONAL DISTRICTS OF ILLINOIS. 

(Census, 1890.) 

First. — The towns Rich, Bloom, Orland, Bremen, 
Thornton, Calumet and Worth, in Cook County, and 
the fourth ward east of the center line of Wentworth 
avenue, the third ward, the thirty-first ward, the thirty- 
second ward, the thirty-third ward and the thirty- 
fourth ward, in Chicago. 

Second. — The towns Lemont, Palos, Lyons, Pro- 
viso, Riverside, Cicero, Leyden, Norwood Park, Maine, 
Elk Grove, Schaumburg and Hanover, in Cook County, 
and the tenth, twenty-eighth, twenty-ninth and thir- 
tieth wards of the city of Chicago. 

Third. — First, second, fifth, sixth, seventh wards, 
and that part of the fourth ward west of the center line 
of Wentworth avenue, all in the city of Chicago. 

Fourth. — Eighth, ninth, twelfth and nineteenth 
wards of the city of Chicago. 

Fifth. — Eleventh, thirteenth, sixteenth, eighteenth 
c^nd seventeenth wards of the city of Chicago. 

Sixth. — Twentieth, twenty-first, twenty-second, 
twenty-third and twenty-fourth wards, also that part of 
the twenty-fifth ward south of the center line of Diver- 
sey street and west of the center line of Halsted street, 
and that part of the twenty-sixth ward south of the 
center line of Belmont avenue, all in the city of 
Chicago. 

Seventh, — Fourteenth, fifteenth and twenty-seventh 
wards, the twenty-fifth ward, except that part south of 
the center line of Diversey street and west of the cen- 
ter line of Halsted street; that part of the twenty-sixth 
ward north of the center line of Belmont avenue, in 



MISCELLANEOUS. 115 

the city of Chicago; also the towns of E'.vanston, Niles, 
New Trier, Northfield, Wheeling, Palatine and Bar- 
rington, in Cook County, and the county of Lake. 

Eig'hth.—Mc Henry, De Kalb, Kane, Du Page, Ken- 
dall and Grundy Counties. 

Ninth. — Boone, Winnebago, Stephenson, Jo Da- 
viess, Carroll, Ogle and Lee Counties. 

Tenth. — Whiteside, Rock Island, Mercer, Henry, 
Knox and Stark. 

Eleventh. — Bureau, La Salle, Livingston and Wood- 
ford. 

Twelfth. — Will, Kankakee, Iroquois and Vermilion. 

Thirteenth.— Ford, McLean, De Witt, Piatt, Cham- 
paign and Douglas. 

Fourteenth. — Putnam,. Marshall, Peoria, Fulton, 
Tazewell and Mason. 

Fifteenth. — Henderson,Warren, Hancock, McDon- 
ough, Adams, Brown and Schuyler. 

Sixteenth. — Cass, Morgan, Scott, Pike, Green, 
Macoupin, Calhoun and Jersey. 

Seventeenth. — Menard, Logan, Sangamon, Macon 
and Christian. 

Eig-hteenth. — Madison, Montgomery, Bond, Fay- 
ette, Shelby and Moultrie. 

Nineteenth. — Coles, Edgar, Clark, Cumberland, 
Effingham, Jasper, Crawford, Richland and Lawrence. 

Twentieth. — Clay, Jefferson, Wayne, Hamilton, 
Edwards, Wabash, Franklin, White, Gallatin and 
Hardin. 

Twenty-first. — Marion, Clinton, Washington, St. 
Clair, Monroe, Randolph and Perry. 

Twenty-second. — Jackson, Union, Alexander, Pu- 
laski, Johnson, Williamson, Saline, Pope and Massac. 



116 ILLINOIS AND THE NATION. 

SENATORIAL DISTRICTS. 

(Census, 1890.) 

First. — The first and fifth wards and the second ward 
excepting that part lying south of the center line of 
Twenty-second street, and west of the center line of 
State street, in Chicago. 

Second. — The. twelfth ward and the whole of the 
tenth ward except that part south of the center line of 
West Twenty-first street and east of the center line of 
Campbell avenue, in Chicago. 

Third. — That part of the town of Calumet in Cook 
County lying outside of the city of Chicago, and all of 
the thirty-first, thirty-third and thirty-fourth wards, 
Chicago. 

Fourth. — The twenty-ninth and thirtieth wards in 
Chicago. 

Fifth. — Third, fourth and thirty-second wards and 
that part of the second ward south of the center line 
of Twenty-second street and west of the center line of 
State street, in Chicago. 

Sixth. — The twentieth ward and the twenty-sixth 
ward south of the town of Evanston, that part of the 
twenty- fifth ward north of the center line of Montrose 
boulevard and south of the tov/n of Evanston, and that 
part of the fifteenth ward east of the center line of 
Western avenue, in Chicago. 

Seventh. — Towns Thornton, Bloom, Rich, Bremen, 
Orland, Lemont, Palos, Worth, Lyons, Riverside, 
Cicero, Proviso, Leyden, Norwood Park, Maine, Elk 
Grove, Schaumburg, Hanover, Barrington, Palatine, 



MISCELLANEOUS. 117 

Wheeling, Northfield, New Trier, Evanston and Niles, 
in Cook County. 

Eig-hth. — Lake, McHenry and Boone Counties. 

Ninth. — Sixth ward, that part of the twenty-eighth 
ward between the center line of the Illinois and Michi- 
gan Canal and the center line of Thirty-ninth street, 
that part of the ninth ward south of the center line of 
West Sixteenth street, that part of the tenth ward 
south of the center line of West Twenty-first street and 
east of the center line of Campbell avenue, Chicago. 

Tenth. — Winnebago and Ogle Counties. 

Eleventh. — Fourteenth ward, that part of the 
fifteenth ward west of the center line of Western 
avenue, the twenty-eighth ward except that part lying 
between the center line of the Illinois and Michigan 
Canal and the center line of Thirty-ninth street, and 
the twenty-seventh ward, Chicago. 

Twelfth. — Stephenson, JoDaviess and Carroll Coun- 
ties. 

Thirteenth.— Seventh ward, the eighth ward and 
that part of the nineteenth ward bounded on the north 
by the center line of W>st Taylor street, .on the east by 
the center line of Desplaines street, on the south by 
the center line of West Twelfth street, and on the 
west by the center line of Nev/berry avenue, Chicago. 

Fourteenth. — Kane and Du Page Counties. 

Fifteenth. — Nineteenth ward, except that part 
bounded on the north by the center line of West 
Taylor street, on the east by the center line of Des- 
plaines street, on the south by the center line of West 
Twelfth street, and on the west by the center line of 



118 ILLINOIS AND THE NATION. 

Newberry avenue, that part of the eleventh ward south 
of the center line of Lake street, and that part of the 
ninth ward north of the center line of West Sixteenth 
street, Chicago. 

Sixteenth. — Kankakee and Iroquois Counties. 

Seventeenth. — That part of eleventh ward north 
of the center line of West Lake street, and the seven- 
teenth and eighteenth wards, Chicago. 

Eighteenth. — Ford and Vermilion Counties. 

Nineteenth. — Thirteenth ward and all of the six- 
teenth ward, except that part lying northeasterly of 
the center line of Milwaukee avenue and east of the 
center line of Noble street and south of the center line 
of West Division street and the north branch of the 
Chicago River, Chicago. 

Twentieth. — Marshall, Woodford and Livingston 
Counties. 

Twenty-first. — Twenty-first ward, the twenty- 
second ward, and that part of the twenty-fifth ward 
south of the center line of Montrose boulevard, 
Chicago. 

Twenty-second. — McLean County. 

Twenty -third. — Twenty-third and twenty fourth 
wards, and that part of the sixteenth ward lying north- 
easterly of the center line of Milwaukee avenue and 
east of the center line of Noble street and south of the 
center line of West Division street and the north 
branch of the Chicago River, Chicago. 

Twenty-fourth, — Peoria County. 

Twenty-fifth.— Will County. 

Twenty-sixth. — Fulton and Tazewell. 



MISCELLANEOUS. 119 

Twenty-seventh.— La Salle. 

Twenty-eig-hth.— Hancock, McDonough and 
Schuyler. 

Twenty-ninth. — Lee, De Kalb, Kendall and 
Grundy. 

Thirtieth.— Champaign, De Witt and Piatt. 

Thirty-first. — Whiteside, Bureau, Putnam and 
Stark. 

Thirty-second. — Cass, Menard, Mason and Logan. 

Thirty-third. — Rock Island and Henry. 

Thirty -fourth. — Pike, Scott and Morgan. 

Thirty-fifth. — Knox, Warren, Henderson and 
Mercer. 

Thirty-sixth. — Green and Macoupin. 

Thirty-seventh. — Adam.s and Brown. 

Thirty- eig-hth. — Montgomery, Bond and Fayette. 

Thirty-ninth. — Sangamon. 

Fortieth.— Douglas, Coles and Shelby. 

Forty-first. — Macon, Christian and Moultrie. 

"Forty-second.— Clay, Marion, Clinton and Wash- 
ington. 

Forty-third. — Edgar, Clark, Cumberland and 
Effingham. 

Forty-fourth.— Wabash, Edwards, White, Gallatin 
and Hardin. 

Forty-fifth.— Jasper, Crawford, Richland and 
Lawrence. 

Forty-sixth. — Franklin, Jefferson, Wayne and 
Hamilton. 

Forty-seventh. — Madison, Jersey and Calhoun. 



120 ILLINOIS AND THE NATION. 

Forty-eig'hth.— Monroe, Randolph, Perry and 
Jackson. 

Forty-ninth.— St. Clair. 

Fiftieth. — Williamson, Union and Alexander. 

Fifty-first. — Pulaski, Massac, Johnson, Pope and 
Saline. 



GRAND DIVISIONS OF THE SUPREME COURT. 

Southern Grand Division.— Counties of Alexander, 
Bond, Clay, Clinton, Crawford, Edwards, Effingham, 
Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, 
Jasper, Jefferson, Johnson, Lawrence, Madison, Marion, 
Massac, Monroe, Perry, Pope, Pulaski, Randolph, 
Richland, Saline, St. Clair, Union, Wabash, Washington, 
Wayne, White and Williamson. 

Central Grand Division. — Counties of Adams, 
Brown, Cass, Calhoun, Champaign, Christian, Clark, 
Coles, Cumberland, DeWitt, Douglas, Edgar, Ford, 
Fulton, Greene, Hancock, Jersey, Logan, Macon, Ma- 
coupin, Mason, McDonough, McLean, Menard, Mont- 
gomery, Morgan, Moultrie, Piatt, Pike, Sangamon, 
Schuyler, Scott, Shelby, Tazewell and Vermilion. 

Northern Grand Division.— Counties of Boone, 
Bureau, Carroll, Cook, DeKalb, DuPage, Grundy, 
Henderson, Henry, Iroquois, Jo Daviess, Kane, Kan- 
kakee, Kendall, Knox, Lake, La Salle, Lee, Livingston, 
Marshall, McHenry, Mercer, Ogle, Peoria, Putnam, 
Rock Island, Stark, Stephenson, Warren, Whiteside, 
Will, Winnebago and Woodford. 



MISCELLANEOUS. 120a 

ELECTION DISTRICTS OF SUPREME COURT. 

First District.— Counties of St. Clair, Clinton, Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, 
Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, 
Williamson, Saline, Gallatin, Hardin, Pope, Union, 
Johnson, Alexander, Pulaski and Massac. 

Second District.— Counties of Madison, Bond, 
Marion, Clay, Richland, Lawrence, Crawford, Jasper, 
Effingham, Fayette, Montgomery, Macoupin, Shelby, 
Cumberland, Hancock, Schuyler, Brown, Adams, Pike, 
Mason, Menard, Morgan, Cass and Scott. 

Fifth District.— Counties of Knox, Warren, Hender- 
son, Mercer, Henry, Stark, Peoria, Marshall, Putnam, 
Bureau, La Salle, Grundy and Woodford. 

Sixth District.— Counties of Whiteside, Carroll, Jo 
Daviess, Stephenson, Winnebago, Boone, McHenry, 
Kane, Kendall, De Kalb, Lee, Ogle and Rock Island. 

Seventh District— Counties of Lake, Cook, Will, 
Kankakee and Du Page. 

APPELLATE COURT DISTRICTS. 

First District. — Cook County. 

Second District. — The counties embraced in the 
northern grand division of the supreme court, except- 
ing Cook County. 

Third District. — The counties embraced within the 
central grand division of the supreme court. 

Fourth District.— The counties embraced within the 
southern grand division of the supreme court. 



120b ILLINOIS AND THE NATION. 

CIRCUIT COURTS. 

First Circuit.— Counties of Franklin, Saline, Will- 
iamson, Jackson, Union, Johnson, Pope, Hardin, Mas- 
sac, Pulaski and Alexander. 

Second Circuit.— Counties of Cumberland, Effing- 
ham, Clay, Jasper, Richland, Lawrence, Crawford, Jef- 
ferson, Wayne, Edwards, Wabash, White, Hamilton 
and Gallatin. 

Third Circuit.— Counties of Bond, Madison, St. 
Clair, Marion, Clinton, Washington, Randolph, Mon- 
roe and Perry. 

Fourth Circuit.— Counties of Vermilion, Edgar, 
Clark, Coles, Douglas, Champaign, Piatt, Moultrie and 
Macon. 

Fifih Circuit. — Counties of Sangamon, Macoupin, 
Christian, Montgomery, Fayette and Shelby. 

Sixth Circuit. — Counties of Hancock, Adams, Ful- 
ton, McDonough, Schuyler, Brown and Pike. 

Seventh Circuit.— Counties of De Witt, Logan, Men- 
ard, Mason, Cass, Morgan, Scott, Greene, Jersey and 
Calhoun. 

Eig-hth Circuit. — Counties of Putnam, Marshall, 
Woodford, Tazewell, Peoria and Stark. 

Ninth Circuit. — Counties of Bureau, La Salle, Will 
and Grundy. 

Tenth Circuit. — Counties of Rock Island, Mercer, 
Henry, Henderson, Warren and Knox. 

Eleventh Circuit. — Counties of McLean, Ford, Kan- 
kakee, Iroquois and Livingston. 

Twelfth Circuit. — Counties of Boone, De Kalb, Mc- 
Henry, Lake, Kane, Du Page and Kendall. 

Thirteenth Circuit. — Counties of Jo Daviess, Ste- 
phenson, Winnebago, Carroll, Whiteside, Ogle and 
Lee. 

There is also a circuit in Cook County. 



MISCELLANEOUS. 120 C 

New Election Law.— In 1891 the legislature passed 
a new election law modeled after what is known as the "Aus- 
tralian System." All ballots will hereafter be printed at public 
expense. The names of the candidates of all parties are put 
uj)on one ballot, under proper headings. No "ticket ped- 
dlers" are allowed, and no "electioneering" can be done 
within one hundred feet of the polls. The voter enters the 
polUng place and gives his name to one of the judges, who 
calls it out in a loud tone of voice. If the person is found to 
be entitled to vote he is allowed to enter a space enclosed 
by a guard rail. A judge of election then gives him one 
ticket, and only one, which the voter takes int? an enclosed 
place called a booth, where, all alone and out of sight o{ 
everybody, he marks the names of the candidates for whom 
he wishes to vote. If he cannot read, or is physically unable 
to mark his Fallot, two election officers assist him, but are 
not allowed thereafter to tell how he voted. The voter, 
having marked his ballot, folds it so as to conceal the marks 
made by him thereonj and leaving the booth, hands it to an 
election judge, who places it in the ballot box without num- 
bering it as was formerly done. The voter then passes out 
and is not again allowed to enter the space enclosed by the 
guard rail during that election, nor can he by any means, 
carry a ballot away with him. (See page 68.) 

Insurance Superintendent. — In 1893 an Insurance 
Department of the State of Illinois was established by 
law. This department has general supervision over all 
insurance companies doing business in this State. The 
Governor, with the consent of the Senate, appoints an 
Insurance Superintendent. He serves four years, and 
receives ^3,500 per annum. His duties were formerly 
performed by the State Auditor. (See page iii.) 



CHAPTER IX. 
NATIONAL GOVERNMENT. 

HISTORICAL SKETCH. 

Declaration of Independence.— July 4, 1776, the 

date of the adoption of the Declaration of Independence, 
may be regarded as the beginning of our national existence. 

In this connection, review the United States history suffi- 
ciently to understand the need and the nature of the Declara- 
tion of Independence. 

Articles of Confederation.— Immediately after the 
Declaration of Independence, a plan was proposed for the 
union of the States. This plan, however, was not ado])ted. 

In 1777, the Articles of Confederation were agreed to by 
Congress, and were to be in force when ratified by all of the 
States. Ten States ratified them the next year, but the 
remaining States failed to do so promptly . Indeed, Maryland 
withheld her ratification till 1781, nearly five years after the 
Declaration of Independence, and about six months before 
the surrender of CornwalHs, which surrender practically closed 
the Revolutionary War. 

The Articles of Confederation were faulty in many partic- 
ulars. Congress consisted of one house, the members of 
which were chosen annually by the several States, and could 
be recalled at pleasure. Each State paid its" own members, 
and had one vote, which was determined by a majority of its 
delegates. The vote of two-thirds of the States was necessary 
to authorize any important action. No provision was made 
for an Executive Department, nor for a Judiciary. So that 

(121) 



122 ILLINOIS AND THE NATION. 

while Congress could declare war, it could not compel the 
States to furnish men and supplies. It could make peace, 
treaties and alliances, but any State could violate the provis- 
ions of these with impunity. It could apportion taxes among 
the States, but had no authority to levy and collect them. It 
could borrow money, but could not compel its repayment. 
It could coin money, but had no power to purchase the 
necessary gold and silver. It could appoint ambassadors, 
but could not pay even their expenses. 

So insufficient were the Articles that a convention was 
called by Congress to meet at Philadelphia in May, 1787, for 
the express purpose of revising them. This convention 
was attended by delegates from every State but Rhode 
Island. Two of the three delegates from New York returned 
home before final action was taken, leaving that State without 
a vote. 

The Constitution. — The Articles were found to be 
faulty in theory as well as practice, and after considerable 
discussion, the convention decided to abandon them, and 
prepare a constitution on another plan. The result was the 
present constitution, agreed to September 15, 1787, and soon 
after reported to Congress together with a recommendation 
that it be submitted for ratification by conventions held in 
the several States for that purpose. The constitution was 
submitted as recommended, and was ratified by eleven States 
in 1788. North Carolina ratified it in 1789, and Rhode 
Island, in 1790. "Little Rhody" was practically forced into 
the Union. The other States were preparing to treat her as 
a foreign power, and to restrict her commerce by taxing 
goods imported from Rhode Island. When she entered the 
Union, she retained the old charter granted by Charles II. in 
1663, and its abandonment in favor of a state constitution in 
1842 led to Dorr's RebelHon, 



NATIONAL GOVERNMENT. 123 

The ratification of nine States was necessary to give effect 
to the constitution. It went into operation on the first Wed- 
nesday in March, 1789. As this was the fourth of March, 
the terms of the presidents begin on that day. On account 
of various delays, however, Washington was not inaugurated 
the first time until April 30, 1789. 

LEGISLATIVE DEPARTMENT. 

Congress. — The legislative power of the national gov- 
ernment is vested in a congress which consists of two houses, 
— the Senate and the House of Representatives. 

House of Representatives.— The House of Repre- 
sentatives, or the "lower house," is composed of members 
elected by the people of the several States. The members 
are elected for two years. 

Any person legally qualified to vote for members of the 
most numerous branch of his State legislature may vote for a 
representative in Congress. This implies that all States are 
to have more than one legislative branch, and, as representa- 
tives to Congress are elected by the people, the members of 
the most numerous branch of the State legislature are to be 
elected in the same manner. Each State prescribes the qual- 
ifications of voters for members of its legislature. 

Eligibility of Members. — Representatives must be at 
least twenty-five years of age. 

No person can be a Representative who has not been for 
seven years a citizen of the United States, and who is not, when 
elected, an inhabitant of the State from which he is chosen. 

No United States officer can be a member of the House 
of Representatives during his continuance in office. 

States cannot add further restrictions upon eligibihty. 

By the conditions of the fourteenth amendment, adopted 
in 1868, no person can be a Senator or Representative who, 
having previously taken an oath as an officer of the United 



124 ILLINOIS AND THE NATION. 

States or as a State officer to support the constitution of the 
United States, shall have engaged in rebelhon against the 
United States, or given aid and comfort to their enemies, 
unless Congress, by a vote of two-thirds of each house, remove 
such disability. CoPigress has removed this disability in 
nearly all cases. 

In case a State should be added by conquest or purchase, 
its inhabitants becoming citizens imm'^diately, the require- 
ment of seven years' citizenship of the United States would 
not be necessary, as each State is by another provision, 
entitled to at least one Representative. 

A Representative need not be a citizen of the district 
which elects him, nor does he need to remain an inhabitant 
of the State from which he is chosen. 

Each territory has one Representative. He may speak 
upon any question relating to his Territory, but he has nO 
vote. 

Congressional Apportionments.— After the taking of 

the census every ten years, Congress determines how many 
members of the House of Representatives there shall be for 
the ensuing ten years. At present there are three hundred 
and fifty-six members. 

The number representing the population of the United 
States is divided by the number of representatives, and the 
quotient shows the number of people entitled to one repre- 
sentative. The number is called the "Congressional ratio." 
The number representing the population of each State is then 
divided by the congressional ratio, and the quotient gives the 
number of representarives to which the State is entitled. The 
State is then divided by its legislature into as many congres- 
sional districts as there are representatives to be elected in 
that State, and each district chooses one representative. 

It is evident that by dividing the number representing 
the population of each State by the congressional ratio, frac- 



NATIONAL GOVERNMENT. 135 

tions will occur in nearly every case, and that the sum of the 
integral quotients will be less than three hundred and twenty- 
five, or the required number. This is remedied by giving to 
the States having the largest fractions one additional repre- 
sentative each, until three hundred and twenty-five, or the 
required number, are provided for. 

What is the congressional ratio at present? To how many 
representatives is Illinois entitled? In what congressional 
district do you live? Who is representative from your 
district? When was he elected? 

Prior to the abolition of slavery by the thirteenth amend- 
ment in 1865, the population of the States was obtained by 
counting all free persons, except Indians not taxed, and 
three-fifths of the slaves. This plan was adopted as a com- 
promise between the delegates from the Northern and South- 
ern States in the constitutional convention. At that time all 
the States except Massachusetts held slaves, but slavery was 
dying out of all the Northern States. It seemed for a time 
that the question of slavery would ruin all chances of a con- 
stitutional union, but concessions were made on both sides. 
The Northern States agreed to count three-fifths of the slaves 
in apportioning representatives, and the Southern States, to 
count the slaves in the same manner in apportioning direct 
taxes. The Northern States agreed that Congress should not 
interfere with the bringmg of slaves from Africa for twenty 
years, and that runaway slaves should be delivered up to 
their masters ; the Southern, that a tax not to exceed ten dollars 
($10) a head might belaid upon slaves so imported. Both 
compromises proved to be in favor of the Southern States. 

The constitution proper does not mention slaves directly. 
They are spoken of as *Hhree-fifths of all other persons," 
**such persons as any of the States now existing shall think 
proper to admit," and as persons "held to service or labor," 
The last expression also includes apprentices and criminals. 



126 ILLINOIS AND THE NATION. 

From the adoption of the fourteenth amendment in t868, 
to that of the fifteenth in 1870, negroes were counted in 
apportioning representatives to the Southern States, if those 
States allowed male negroes who were twenty-one years of 
age, or over, to vote. If only white men voted, only white 
persons were counted. 

Vacancies. — when vacancies happen in the representa- 
tion of any State, the Governor calls an election to fill such 
vacancies. 

Officers — The House of Representatives elects its 
Speaker and other officers. 

The Speaker of the House is an officer of great impor- 
tance. He is considered by many to rank next to the Presi- 
dent in real political power. He appoints the committees of 
the House, and upon these committees the work of Congress 
largely depends. He has a vote on all questions. 

Besides the Speaker, the House has a clerk, sergeant-at- 
arms, doorkeeper, postmaster, and chaplain. 

Aside from his other duties, the clerk, who is usually an 
ex-member of Congress, calls the House to order at the 
beginning of the next Congress, and presides until a Speaker 
is elected. 

The duties of the other officers may be inferred from their 
names. 

Review the duties of the officers of the House of Repre- 
sentatives in the State legislature. (See pp. 24 and 25.) 

Impeachment. — The House of Representatives has thts 
sole power of impeachment. 

When charges of treason, bribery or other high crimes or 
misdemeanors are brought against an officer of the United 
States, a committee of the House is appointed to investigate 
them. If the committee reports in favor of his impeachment, 
the different charges, having been reduced to writing, are dis- 
cussed and voted upon separately. If the House, by a 



NATIONAL GOVERNMENT. 127 

majority vote, decides upon impeachment, the charges, or 
articles of impeachment, are sent to the senate, and a com- 
mittee is appointed to prosecute the impeachment before that 
body. The trial of impeachment will be treated of in another 
place. 

Bills for Revenue. — AH bills for raising revenue must 
originate in the House of Representatives. The Senate, 
however, may propose or concur with amendments, as in 
other cases . 

This provision regarding bills for raising revenue, was 
made because the members of the House are the direct 
representatives of the people who pay taxes. 

Senate, — The Senate is composed of two senators chosen 
from each State. They are elected by the legislatures of the 
several States, and are in office six years. 

The times, places and manner of holding elections for 
senators and representatives, are prescribed by the several 
State legislatures. But Congress may, at any time, make or 
alter such regulations except as to the places of choosing 
senators. Were it not for this exception, Congress could 
practically decide upon the location of the several State 
capitals. 

Senators Chosen How. — The manner in which senators 
are elected was prescribed by Congress in an act passed in 
1866. The legislature of each State, chosen next preceding 
the expiration of the time for which any senator is elected, 
on the second Tuesday after its meeting and organization, 
proceed to elect a senator. 

Each house names a person for senator by a viva voce 
vote; the next day at noon, the two houses meet in jomt 
assembly, and if the same person has received a majority of 
all the votes in each house, he is declared duly elected. 

If no person has received such majorities, the joint assem- 
bly chooses by a viva voce vote; and whoever receives a 



128 ILLINOIS AND THE NATION. 

majority of all the votes cast, a majority of each house being 
present, is declared elected. 

If no person is elected on the first day, the joint assembly 
convenes each day at twelve o'clock, and takes at least one 
vote each day during the session, or until a senator is elected. 

If a vacancy exists when the legislature meets, the same 
steps are taken; and if a vacancy occurs during the session of 
the legislature, they proceed to elect on the second Tuesday 
after they have received notice of the vacancy. 

The Governor of the State certifies the election of a sen- 
ator to the President of the United States. In case of a 
vacancy occurring during a recess of the legislature, the Gov- 
ernor may make a temporary appointment to fill the vacancy. 

When the senators assembled for the first time, they were 
divided as equally as possible into three classes. Those of 
the first class served two years; of the second class, four years; 
and of the third class, six years; so that since ihat time one- 
third of the senators have been chosen every two years. 

In the constitutional convention, the question ofrepi'esen- 
tationin Congress gave rise to long and bitter discussion. The 
large States wanted representation in both houses to depend 
upon population ; the small States wanted an equal representa- 
tion of the States in both houses. They finally compromised by 
allowing the representation in the House to be determined by 
population, while equal representation was given in the Senate. 

Each senator has one vote, that is, the senators do not 
vote by States. 

Who are the present senators from Illinois? 

Eligibility of Senators. — No person can be a senator 
who has not attained the age of thirty years and been nine 
years a citizen of the United States, and who is not, when 
elected, an inhabitant of the State from which he is chosen. 

No officer of the United States can be a senator during 
his continuance in office. 



NATIONAL GOVERNMENT. 129 

It is not necessary for a senator to reside in the State dur- 
mg his term of office. 

Senators are "congressmen" and ''members of congress" 
just as truly as are the representatives, aUhough these terms 
are often erroneously hmited to the members of the House of 
Representatives. 

Officers. — The Vice-President of the United States is 
President of the Senate, and has a vote only in case of a tie. 
The Senate chooses its other .officers, consisting of a president 
pro tempore^ secretary, chief clerk, executive clerk, sergeant- 
at-arms, doorkeeper, and chaplain. 

While there is an actual Vice-President, the president pro 
tempore is chosen temporarily to preside in the absence of the 
former. But when the office of Vice-President becomes va- 
cant, the president /r^ tempore is chosen permanently and 
receives the same salary as was paid to the Vice-President. 

Trial of Impeachments.— The Senate has the sole 
power to try all impeachments. 

When sitting for this purpose, the senators are on oath or 
affirmation; and when the President of the United States is 
tried, the Chief Justice presides, as the Vice-President is 
interested in the result. 

Judgment in cases of impeachment can extend only to 
removal from office and disqualification to hold any office of 
honor, trust or profit under the United States. A two-thirds 
vote of the members present is necessary to conviction, and 
removal from office is a necessary consequence of conviction 
in case of impeachment. The disqualification to hold office 
may, or may not, be added. The person so convicted may 
also be tried and punished according to law. The President 
has no power to grant pardon in cases of impeachment. 

There have been seven cases of impeachment; William 
Blount, United States Senator from Tennessee, in 1795; Jo^^- 



130 ILLINOIS AND THE NATION. 

Pickering, Judge of the District Court of New Hampshire, in 
1803; Samuel Chase, Judge of the Supreme Court, in 1804 
James H. Peck, Judge of District Court of Missouri, in 1830 
West H. Humphries, District Judge of Tennessee, in 1862 
Andrew Johnson, President of the United States, in 1868 
and WiUiam W. Belknap, Secretary of War, in 1876. Judges 
Pickering and Humphries were convicted; the former was 
removed from office, and the latter was also disqualified from 
holding any office of honor, trust, or profit under the United 
States, 

Executive Powers. — The executive powers of the 
Senate will be discussed under the Executive Department. 

Meeting's of Cong'reSS. — Congress meets each year on 
the first Monday in December. It may by law appoint a 
different day, but at least one meeting must be held each year. 

Extra sessions of Congress or of either house, may be 
called by the President upon extraordinary occasions. 

Membership. — Each house is the judge of the elections, 
returns, and qualifications of its own members. 

Each house has a committee on Elections, to whom all 
contested cases are referred, the house itself acting upon the 
report of the committee when it is rendered. The decision 
of the house is final. (See p. 22.) 

Quorum. — A majority of either house constitutes a 
quorum to do business. A smaller number may adjourn from 
day to day, and are authorized to compel the attendance of 
absent members. 

What number now constitutes a quorum in the Senate? 
^n the House? 

Rules. — Each house determines the rules of its proceed- 
ings, has power to punish its members for disorderly conduct 
and, by a concurrence of two-thirds, may expel a member. 

Journals. — Each house keeps a journal of its proceed- 
ings. These journals are published from time to time, except 



NATIONAL GOVERNMENT. 181 

such parts as, in the judgment of the respective houses, 
require secrecy. 

Yeas and Nays.— In either house, at the request of one- 
fifth of those present, the yeas and nays upon any question 
are entered on the journal. 

Adjournments. — During the session of Congress,neither 
house, can, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses are sitting. In case of disagreement between 
the two houses as to the time of adjournment, the President 
may adjourn them to such time as he may think proper. 

Pay of Members. — The compensation of members 
of Congress is fixed by law, and is paid out of the treasury 
of the United States. Senators and Representatives receive 
$5,000 per annum. The Speaker of the House, and the 
President /r(? tempore oiXhQ Senate receive $8,000 per annum. 

Privileges Cf Members. — In all cases except treason, 
felony, and breach of the peace, members of Congress are 
privileged from arrest during their attendance at the sessions 
of their respective houses, and ingoing to, and returning from 
them. Tliey cannot be questioned in any other place for any 
speech or debate made in either house. (See page 21.) 

Disabilities of Members.— No senator, or representa- 
tive, can, during the time for which he is elected,be appointed 
to any civil office of the United States which may be created, 
or the emoluments of which may be increased, during such 
time. 

Oath of Members, — Senators and representatives, and 
the members of the several State legislatures, and all execu- 
tive and judicial officers of the United States and of the 
several States are bound by oath, or affirmation, to support the 
constitution of the United States. No religious test can be 



132 ILLINOIS ANt) THE NATION. 

required as a qualification to any office or public trust undet 
the United States. 

Powers and Duties of Congress.— The powers and 

duties of Congress are defined by the constitution. Never* 
theless there has always been great diversity of opinion as to 
what the powers of Congress really are in several important 
particulars. This comes from the fact that the members of 
the convention which framed the constitution differed widely 
as to the powers that should be given Congress. Some were 
in favor of giving Congress very great power, while others 
were in favor of limiting its powers to the minimum. 

Taxes and Duties. — Congress has power to levy and 
collect taxes and duties to pay the debts and provide for the 
common defense and general welfare of the United States; 
but all such taxes and duties must be uniform throughout the 
United States. 

The constitution contains also the words imposts and 
excises in this connection, but the laws of Congress use only 
the word duties for all indirect taxes. Indirect taxes are 
those which are laid upon goods in such a way that they are, 
in the end, paid by the consumer as a part of the price paid 
for the goods. Such taxes are chiefly of two kinds : duties 
upon imported goods — in which case the importer adds the 
duty to the price of the goods' — and duties upon the pro- 
duction or use of certain articles, as tobacco, liquors, etc. 

Direct taxes are of two kinds; capitation (or poll), and 
property taxes. Capitation taxes are laid upon persons at so 
much a head, without regard to property. Property taxes are 
laid upon property according to value, and are paid directly 
to the proper authorities as tax. The ordinary taxes, levied 
by the State, county, town and school district, are direct. 
(See p. 72.) 

When direct taxes are levied by the United States, they 
can be apportioned among the several States only in propoi- 



NATIONAL GOVERNMENT. 18S 

tion to their respective population. Direct taxes have been 
levied by congress only five times — the last in 1861. 

It is upon the subject of levying taxes upon imports that 
doctrines of "protection" and of "tariff for revenue only" arise. 

Taxes may be collected to pay the public debt, and *'to 
provide for the common defense and to promote the general 
welfare of the United States." The meaning of this expression 
has been much discussed by statesmen. 

Borrowing^ Money. — Congress may borrow money 
upon the credit of the United States. 

When money is borrowed upon the credit of the United 
States, interest-bearing bonds are generally issued by the 
govemment. These bonds are purchased by persons who 
desire them. 

Commerce— Congress has power to regulate commerce 
with foreign nations; also, among the several States and with 
the Indian tribes. 

Under the Confederation, each State regdated the com- 
merce of its people, not only among 'themselves, but with 
other States, and with foreign nations. This led to serious 
difficulties, and greatly hindered trade, on account of the lack 
of uniformity in the regulations of the different States, and of 
the constant change to which they were subject. 

In pursuance of the power to regulate commerce with 
foreign nations, Congress passed the Embargo Act of 1807. 
The Inter-State com.meice law was passed by virtue of power 
to regulate commerce among the States. 

Naturalization. — Congress has power to establish a 
uniform rule of naturalization. 

By naturalization, an alien is made a citizen. In order 
to become naturalized, an alien must make, at least two years 
before his admission to citizenship, a declaration on oath, 
that it is his purpose to become a citizen of the United 
States, and to renounce ail allegiance to any foreign prince 01 



184 ILLINOIS AND THE NATION. 

state. When he applies for admission, he must declare, upon 
oath, that he will support the constitution of the United 
States, and that he does renounce all allegiance to any- 
foreign prince or state. The court before whom this is done 
must be satisfied, before admitting him, that he has resided 
five years within the United States, and one year in the State 
or Territory in which the court is held, and that he has 
behaved as a man of good moral character. 

The children of citizens of the United States, are con- 
sidered citizens, though born abroad. 

Bankruptcy. — Congress has power to establish uniform 
laws on the subject of bankruptcy throughout the United 
States. 

When a person is unable to pay his debts, he is said to be 
insolvent Upon his own petition, or that of one or more of 
his creditors, he may go through proceedings of bankruptcy, 
by which he may be declared by the proper officer to be a 
bankrupt. He is then no longer liable for past debts, but 
may again accumulate and hold property in his own name. 

Coining" Money. — Congress has power to coin money, 
and to regulate its value, together with that of foreign coin. 

The metals used in coining money in the United States 
are gold, silver, copper and nickel. The coining is done by 
putting these metals into proper form and size, and giving to 
them the stamp of the government. This is done at the 
Mints and Branch Mints of the Government. 

Weig'htS and Measures.— Congress has power to fix 

the standards of weights and measures. 

The weights and measures in common use have been fixed 
upon by Congress. The National Government and that of 
each State has a complete set of weights and measures that 
tmwQ been adopted as standards. (See p. 42.) 

The Metric System of weights and measures has been 



NATIONAL GOVERNMENT. 135 

authorized by congress, but is little used in this country 
except for scientific purposes. 

Counterfeiting". — Congress has power to provide for 
the punishment of counterfeiting the securities and current 
coin of the United States. 

The penalty for counterfeiting gold and silver coins is 
fixed at a fine not exceeding $5,000 and by imprisonment 
not exceeding ten years. For counterfeiting copper and 
nickel coins, the penalty is a fine not exceeding $1,000 and 
imprisonment not exceeding three years. The counterfeiting 
of the securities of the United States, including all bonds, 
coupons, national bank notes, greenbacks, etc., is punished by 
a fine not exceeding $5,000 and by imprisonment at hard 
labor, not exceeding fifteen years. 

Post-OfficeS and Post-HoadS.— Congress has power 
to establish post-ofiices and post-roads. 

By virtue of this power, the Post- Office Department was 
established by Congress. It is under the charge of the Post- 
master-general, who appoints, and may remove all post- 
masters whose compensation is less than $1,000 a year. All 
other postmasters are appointed by the President, and con- 
firmed by the Senate. The compensation of the former class 
is derived from the renting of boxes, a commission on the 
sale of stamps canceled and other receipts of the offices; the 
latter class receive salaries. 

Copyrights and Patents.— Congress has power to 
promote the progress of science and the useful arts by secur- 
ing, for limited times, to authors and inventors, the exclusive 
right to their respective writings and discoveries. 

The exclusive rights of authors are secured by copyrights; 
cf inventors, by parents. The former are issued by the 
Librarian of Congress, and are vaUd for twenty-eight years; 
the latter, by the Commissioner of Patents, and are valid for 
seventeen years. 



186^ ILLINOIS AND THE NATION. 

Inferior Courts. — Congress may constitute tribunals 
inferior to the Supreme Court. These will be discussed 
under the judicial department. 

Piracy. — Congress has power to define and punish 
piracies and felonies committed on the high seas, and offenses 
against the law of nations. 

Robbery at sea is termed piracy. The expression high 
seas is a general term for the Ocean, including coast waters 
beyond low-water mark. The law of nations consists of a 
body of rules, founded upon justice, and recognized as gov- 
erning the conduct and mutual relations of independent 
states with one another. 

Power to Declare War. — Congress has power to de- 
clare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

Letters of marque and reprisal authorize a private person 
to cross the boundary into the enemy's country, and to seize 
the persons or property of its subjects. When these letters 
are granted to the commander of a private vessel, the vessel 
becomes a privateer, and her crew may commit acts which 
which before would have been piracy. 

United States Army. — Congress has power to raise 
and support armies; but no appropriation of money for this 
purpose can be for a longer term than two years. 

All of the representatives and one-third of the senators are 
chosen every two years. The people and the States which 
elect them can virtually control the army through the appro- 
priation for its support. 

United States Navy. — Congress has power to provide 
and maintain a navy. 

Considering the amount of our sea coast and of the trade 
which we have with foreign nations, our navy is very small. 

Rules for Army and Navy.—Congress makes rules 
for the government and regulation of land and naval forces. 



NATIONAL GOVERNMENT. 187 

The rules for the army and navy are enforced by courts- 
martial. 

The Militia. — Congress provides for the calling forth of 
the militia to execute the laws of the Union, suppress insur- 
rections, and repel invasions; also, for the organizing, arming 
and disciplining of the militia, and for governing such part of 
them as may be employed in the service of the United States. 
The 3})pointment of officers, and the authority of training the 
militia according to the discipline prescribed by Congress is 
reserved to the States respectively. 

The militia, or citizen soldiers, are called out only in 
cases of emergency- In 1794 and in 186 1-4, the militia were 
called out to suppress the Whisky Insurrection and the 
Rebellion respectively. In 1812, they were called out to 
repel the invasion of the British. 

District of Columbia. — Congress exercises exclusive 
jurisdiction over the District of Columbia, and over all places 
purchased by the consent of the several States for the erec- 
tion of forts, magazines, arsenals, dock-yards, and other 
needful buildings. 

The District of Columbia is in reality a Territory of the 
United States, although it is not governed in the same 
manner as the other Territories. 

Other Powers. — Congress determines the time of 
choosing electors for President and Vice-President, and the 
day on which the electors give their votes; has power to de- 
clare the punishment of treason, to dispose of, and make all 
needful rules respecting the territory or other property of the 
United States; to propose amendments to the constitution; 
to admit new States into the Union; to regulate the appellate 
jurisdiction of the Supreme Court, and to determine where 
trial of crimes shall be held, when not committed within any 
State; to prescribe, by general laws, the manner in which tne 
public acts, records, and judicial proceedings of the several 



138 ILLINOIS AND THE NATION, 

States shall be proved, and what shall be their effect; to 
revise and control any State laws respecting the laying of 
duties on imports and exports; to declare what ofificer shall 
act as President in case of the removal, death, resignation, or 
inability of both President and Vice-President; and to vest 
the appointment of such inferior officers as they may think 
proper in the President alone, in the courts of law, or in the 
heads of departments. 

Execution of Powers. — Congress has power to make 
all laws which may be necessary for carrying into execution 
the powers granted to it by the constitution, and all other 
powers vested by it in the government of the United States, 
or in any department or officer of the government. 

Limitations of Power. — Certain limitations of the 
power of Congress are contained in the constitution and its 
amendments. The following are the most important : 

Habeas Corpus. — The privilege of the writ of habeas 
r^r/z/j- cannot be suspended, except when in cases of rebelhon 
or invasion, the pubHc safety may require it. (See p. 46.) 

The writ of habeas corpus was suspended by authority of 
Congress in 1863. Prior to this, it had been suspended by 
the President. 

Ex Post Facto Laws. — No bill of attainder or ex post 
facto law can be passed. 

A bill of attainder inflicts death or other punishment, 
without a judicial trial, and, in countries where it is allowed, 
is usually passed without giving the accused an opportunity 
of defending himself. 

An ex post facto law is one which makes an act a crime 
which was not so when the act was committed, or which in- 
flicts a punishment greater than that imposed when the crime 
was committed. The expression applies only to crimmai 
laws. 



NATIONAL GOVERNMENT. 189 

Duty on Exports. — No duty can be laid on articles 
exported from any State. 

Coasting" Trade. — No preference can be given, by any 
regulation of commerce or revenue, to the ports of one State 
over those of another; nor can vessels bound to or from one 
State be obliged to enter, clear, or pay duties in another. 

When a vessel ''enters" a port, the officer in charge 
reports the ship and cargo to an authorized officer of the port, 
and obtains permission to land . When a vessel ''clears," the 
officer in charge obtains written permission to sail from the 
port. 

Expenditures. — No money can be drawn from the 
treasury, except in consequence of appropriations made by 
law; and a regular account of receipts and expenditures of all 
public money must be published from time to time. 

The Secretary of the Treasury reports annually to Con- 
gress, giving a full account of receipts and expenditures. 

Civil Rights. — Congress can make no law abridging 
the freedom of speech, or of the press; or of the people 
peaceably to assemble and to petition the government for a 
redress of grievances; nor can the right of the people to bear 
arms be infringed. 

Religious Freedom.— Congress can make no law 
respecting the establishment, or prohibiting the free exercise 
of religion. 

EXECUTIVE DEPARTMENT. 

President. — The executive power is vested in the 
President of the United States of America. He is chosen for 
four years. 

How Chosen. — The President is chosen by electors, 
who are themselves chosen by the several States. They are 
chosen on Tuesday, next after the first Monday in November. 



140 ILLINOIS AND THE NATION. 

Each State is entitled to as many electors as it has repre- 
sentatives and senators in Congress; and they are chosen in 
such manner as the State legislature may direct; but no sen- 
ator or representative, or person holding an office of trust or 
profit under the United States can be appointed an elector. 
In Illinois, they are elected by the people of the State, voting 
by general ticket. In this way, each voter casts his ballot 
for the number of electors to which the State is entitled. 
These electors are put in nomination by the several political 
parties at their State or district conventions. 

The electors of the several States meet at their respective 
State capitals on the second Monday in January, and vote 
separately for President and Vice-President, both of whom 
cannot be from the same State as the electors. They then 
make separate hsts of all persons voted for as President and 
as Vice-President, showing the number of votes for each. 
The lists are signed and certified and sent sealed to Washing- 
ton, directed to the President of the Senate. On the second 
Wednesday in February, these lists are opened by the Presi- 
dent of the Senate, in the presence of both houses of Congress, 
and the votes are counted. The person having the highest 
number of votes for President, is declared President, and the 
person having the highest number of votes for Vice-President, 
is declared to be elected Vice-President; provided that, in 
each case, the highest number of votes received is a majority 
of all the electors appointed. In case the highest number of 
votes for President is less than the required majority, the 
House of Representatives at once choose, by ballot, a Presi- 
dent from the persons (not exceeding three of those voted for 
as President) having the highest numbers. In choosing the 
President, the votes are taken by States, each State having 
one vote. A quorum for this purpose consists of one or more 
members from two-thirds of the States, and a majority of all 
the States is necessary to a choice. If no person has the 



NATIONAL GOVERNMENT. 141 

required majority of electoral votes for Vice-President, the 
Senate chooses, from the two highest numbers on the list, a 
Vice-President. A quorum for this purpose consists of two- 
thirds of the whole number of senators, and a majority of the 
whole number is necessary to a choice. 

No person constitutionally ineligible to the office of Presi- 
dent, is eligible to the office of Vice-President of the United 
States. 

If the House of Representatives should fail to choose a 
President, whenever the right of choice falls upon them, 
before the fourth day of March next following, the Vice-Presi- 
dent would act as President, as in case of the death or other 
constitutional disability of the President. 

Electoral Count Bill. — The constitution makes no 
provision for cases in which there are two certificates of elec- 
toral votes from the same State. 

In 1876, there were two certificates returned by some of 
the States. After much delay and debate. Congress referred 
all the cases to an Electoral Commission, consisting of fifteen 
members — five senators, five representatives and five justices 
of the Supreme Court. The cases were all decided by a vote 
of eight to seven in favor of the same presidential candidate, 
who was declared elected by an electoral vote of 185 to 184. 

In 1887, Congress passed what is knowa as the Electoral 
Count Bill. The following are its leading provisions: 

Each State may provide by law for the final determina- 
tion, by judicial or other proceedings, of all cases of contest 
concerning the appointment of its electors. And if such pro- 
vision be made by law prior to the day for appointing 
electors, and if all contests have been determined according 
to such law, at least six days before the time fixed for the 
meeting of the electors to cast their votes, such determination 
shall be conclusive, and shall govern the counting of the 
electoral votes so far as that State is concerned. 

10 — — - 



142 ILLINOIS AND THE NATION. 

In case only one return is made by any State, no electoral 
votes which have been regularly given by electors whose ap- 
pointment has been lawfully certified by the Governor can be 
rejected. But the two houses concurrently may reject the 
votes when they agree that they have not been regularly 
given by electors whose appointment has been legally 
certified. 

In case more than one return is made by any State, only 
those votes shall be counted which have been regularly given 
by electors who are shown by the determination of the State 
tribunal to be duly appointed. 

In case two or more returns from the same State claim to 
be thus determined by lawful tribunals, only the votes of those 
electors shall be counted whose title as electors the two 
houses, acting separately, shall determine to be supported 
by the decision of the State rendered according to its laws. 

In case two or more returns are made by the same State, 
and no lawful determination has been made in the State, only 
those votes can be counted which the two houses concur- 
rently decide are the lawful votes of legally appointed electors. 
But if the two houses disagree with respect to the counting of 
the votes, the votes of the electors whose appointment is 
certified by the Governor of the State are counted. 

Elig'ibility. — The President must be a natural born 
citizen of the United States, and at least thirty-five years 
of age. 

The same is true of the Vice-President. 

Presidential Succession, —in case of the removal of 

the President from office, or of his death, resignation, or 
inability to perform the duties of his office, the Vice-President, 
if there be one, takes the oath of office, and becomes Presi- 
dent. If there should be no Vice-President, the duties of the 
President devolve upon the Secretary of State, and in case of 



NATIONAL GOVERNMENT. 143 

his death, resignation, or removal from office, upon the Sec- 
retary of the Treasury, and so on through the cabinet officers, 
the succession being in the order in which the offices were 
established by Congress; viz., Secretary of State, Secretary 
of the Treasury, Secretary of War, Attorney-General, Post- 
master-General, Secretary of the Navy, Secretary of the Inte- 
rior. The law concerning the presidential succession applies 
only to such cabinet officers as have been appointed with the 
consent of the United States Senate, and such as are eligible 
to the office of President under the constitution. 

Prior to 1886, the order of succession after the Vice- 
President was President pro tempore of the Senate, and 
Speaker of the House of Representatives. But it sometimes 
happens that these offices are both vacant at the same time, 
on account of the fact that one Congress ends on the fourth 
of March, and the next does not regularly meet and elect 
officers until the first Monday in the following December. 
On this account, chiefly, Congress changed the presidential 
succession to the members of the cabinet in the order indi- 
cated. By this arrangement, the successor to the presidency 
is sure to be of the same political party as his predecessor. 

When a person becomes President without being elected 
directly to that office, he is called an "accidental" President. 
How many such Presidents have we had? Who were they? 
Whom did each succeed? 

When the office of President becomes vacant the Vice- 
President takes the oath of office and becomes President. 
But when a vacancy occurs in the office of Vice-President, it 
continues until the next presidential election. The President 
pro tempore of the Senate is a member of that body, and does 
not now succeed to the presidency, in case of a vacancy in 
that office. 

Who is now President of the United States? When was 
he elected? Who is Vice-President? President ^ro /^w/^re- 



144 ILLINOIS AND THE NATION. 

of the Senate? Speaker of the House of Representatives? 
Name the present cabinet officers. What is the poHtical 
complexion of the present administration? Of the Senate? 
Of the House of Representatives? 

Oath. — Before entering on the execution of his office, the 
President solemnly swears (or affirms) that he will faithfully 
execute the office of the President of the United States, and 
will, to the best of his ability, preserve, protect, and defend 
the constitution of the United States. 

Commander-in-Chief. — The President is Commander- 
in-Chief of the army and navy of the United States, and of 
the mihtia of the several States, when they are called into the 
actual service of the United States. (See p. 41.) 

Reprieves and Pardons. — The President has power 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

The Supreme Court has held that the President may com- 
mute a sentence of death to imprisonment for life. (See p. 40.) 

Treaties. — The President has power, with the consent 
of the Senate, to make treaties. 

A treaty is an agreement between two nations 

When a treaty is made, the President acts through the 
Secretary of State, or an ambassador appointed for the purpose. 
This officer agrees with the representative of the other nation 
upon the terms of the treaty; and aftfer it has been signed by 
the representatives of the two nations, it is submitted for the 
ratification of the respective governments. Accordingly, the 
President presents the treaty to the Senate for its ratification. 
While discussing a treaty, the Senate sits with closed doors. 
This is called *'going into executive session." If two-thirds 
of the Senate present concur in the ratification of the treaty, 
and it is ratified by the other nation, the President, by 
proclamation, makes the treaty public, and it becomes a part 
of the supreme law of the land. 



NATIONAL GOVERN xMENT. 145 

Executive Appointments.— The President nominates, 
and, with the consent of the Senate, appoints ambassadors, 
other pubhc ministers, consuls, judges of the Supreme Court, 
and all other officers of the United States, that are not other- 
wise provided for. 

Nominations made by the President are presented to the 
Senate in writing, and are acted upon by that body in "execu- 
tive session". Only a majority is necessary to confirm ap- 
pointments. 

A minister of the government is a person who represents it, 
and manages its interests at the seat of government of some 
other power. A minister of the highest rank is called an 
umbassador. 

A consul resides in a foreign country, and acts as agent 
for his government, protecting its rights, commerce, mer- 
chants, seamen, and its citizens while sojourning in such foreign 
country. 

The constitution says nothing in regard to removals from 
office. The first Congress decided, by a close vote, that the 
President might remove an officer without consulting the Sen- 
ate. In 1867, however. Congress passed what is known as 
the "Tenure of Office Bill", which provided that the President 
might suspend an officer, when the Senate was not in session, 
reporting his action with the reasons for it to the Senate 
within twenty days after its assembling. If the Senate should 
not concur, the suspended officer was to be reinstated; if it 
should concur in the removal, another person might be ap- 
pointed. The bill was vetoed by President Johnson, and 
passed over his veto by Congress. The President afterward 
removed Edwin M. Stanton, Secretary of War, after the Sen- 
ate had refused to concur in his suspension; for this, chiefly, 
the House of Representatives brought articles of impeach- 
ment against the President. After a trial lasting nearly three 
months, the Senate found the President not guilty. 



146 



ILLINOIS AND THE NATION. 



During a recess of the Senate, the President has power to 
fill all vacancies which may happen, by granting commissions 
which shall expire at the end of its next session. 

The President's MeSSag^e.— The President must, from 
time to time, give to Congress information of the state of the 
Union, and recommend to their consideration such measures 
as he may deem necessary and expedient. 

It has become the custom for the President to send a 
message to Congress at the beginning of each regular session. 
Accompanying this are the reports of the various executive 
departments. Special messages are sent by the President 
whenever he deems them expedient, or when Congress has 
requested information upon some subject. 

Presidents Washington and Adams delivered their mes- 
sages in person to both houses assembled in the Senate cham- 
ber, and each house afterwards presented a formal reply. 
President Jefferson, however, sent his messages to Congress, 
and they were read to each house by its clerk. All other 
Presidents have followed his example. No replies are now 
made by Congress. 

President's Veto. — Every order, resolution, or vote, 
to which the concurrence of the Senate and House of Repre 
sentatives is necessary (except on a question of adjournment) 
must be presented to the President, and before it can take 
effect, must be approved by him, or, being disapproved by 
him, must be re-passed by two-thirds of the Senate and House 
of Representatives. When a bill is passed by both houses, it 
is sent to the President for his signature. If he wishes the 
bill to become a law, he signs it, and so makes it a law. 
But if he does not wish it to become a law, he does not sign 
it, but sends it back to the house in which it first started. He 
sends with it his objections, which are written in the journal 
of this house, and the bill is again taken up. This time, in 
order to pass, it must receive the vote of two-thirds of this 



iSTATIONAL GOVERNMENT. 14? 

house; and, if it receives this vote, it is sent, together with the 
objections of the President, to the other house. A vote of 
two-thirds of this house makes it a law without the signature 
of the President. 

In all such cases, the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the President does not return the bill within ten days 
(Sundays not counted) after it is sent to him, it becomes a law 
just as if he had signed it, unless Congress adjourns before the 
ten days are up, and so prevents its return. 

The discussion about the President's veto appHes to that 
of the Governor oflUinois, with two exceptions. 

A vote of two-thirds of a quorimt in each house of Con- 
gress will pass a bill over the President's veto, while in this 
State a vote of two-thirds of all the members elected to each 
house is necessary to pass a bill over the Governor's veto. 

After the adjournment of Congress, all bills not signed by 
the President before the time of adjournment fail to become 
laws, although the President may have no objection to them. 
After the adjournment of our State legislature, the Governor 
has ten days in which to file bills, with his objections, in the 
office of the Secretary of State. All bills that are not so filed 
become laws, whether signed by the Governor, or not. 

Other Powers and Duties.— The President receives 
ambassadors and other public ministers, commissions all offi- 
cers of the United States, and takes care that the laws are 
faithfully executed. 

Executive Departments. — The executive business of 
the United States is arranged under eight departments. 
Nearly all of these departments are subdivided into bureaus. 

Heads of Departments.— The heads of the depart- 
ments are appointed by the President, and confirmed by the 
Senate. 



148 ILLINOIS AND THE NATION. 

The President may require their written opinion on any 
subject relating to the duties of their respective offices. 
The salary of each is $8,000 a year. 

Department of State.— The Department of State, at 
the head of which is the Secretary of State, has charge of our 
relations with foreign countries, and of the public archives. 

The Secretary of State countersigns all proclamations issu- 
ed by the President. He is keeper of the great seal of the 
United States, and affixes the seal to all commissions given by 
the President. He has charge of the correspondence with 
foreign ministers, and presents such ministers to the President. 
He has various other important duties. 

Treasury Department. — The Treasury Department 
has charge of the finances of the Nation. This department 
has several bureaus. 

The Bureau of Internal Revenue has charge of the collec- 
tion of taxes upon tobacco, and malt and spirituous liquors. 

Another bureau has charge of the collection of duties laid 
on foreign goods brought into this country. The taxes are 
collected at the custom house of every port of entry. 

The Secretary of the Treasury is at the head of this De- 
partment. 

Department of War. — The Department of War, at the 
head of which is the Secretary of War, has' charge of the affairs 
of the army, and of the Military Academy at West Point. 

Department of Justice.— The Department of justice, 
at the head of which is the Attorney-General, has general 
charge of the judicial affairs of the Nation. The Attorney- 
General prosecutes all suits in the Supreme Court in which 
the United States are intejrested, and gives his advice and 
opinion upon questions of law to the President and the heads 
of Departments, when such questions pertain to the duties of 
their offices. These opinions are written, and are afterward 
printed for reference. 



NATIONAL GOVERNMENT. 149 

PoSt-OflBce Department— The Post-Office Depart- 
ment, at the head of which is the Postmaster-General, has 
general charge of the carrying of the United States mails. 

Department of the Navy. — The Department of the 
Navy, at the head of which is the Secretary of the Navy, has 
charge of the navy, and of the Naval Academy at Annapolis. 

Department of the Interior.— The Department of 

the Interior has charge of the granting of patents and pen- 
sions, of the public lands, of Indian affairs, of the taking of 
the census, and of educational and agricultural affairs. The 
Secretary of the Interior is at the head of this Departm.ent. * 

President's Cabinet. — The heads of the several De- 
partments form what is known as the President's Cabinet. 
They advise him, w^hen asked to do so, upon the various 
matters pertaining to the Departments. Cabinet meetings are 
held at the request of the President, at which the more import- 
ant matters of the government are discussed. The President, 
is free to carry out the recommendations of the cabinet, or 
not, as he sees fit. 

President's Salary. — The President receives for his 
services a compensation which can neither be increased nor 
diminished during the term for which he is elected; and he 
cannot receive within that period any other emolument from 
the United States, or from any State. 

The President receives $50,000 a year; his house, called 
the Executive Mansion, or "White House," is furnished by 
the Government. 

The Vice-President receives $8,000 a year. 

JUDICIAL DEPARTMENT. 

Judicial Power. — The Judicial power of the United 
States is vested in one Supreme Court, ordained by the con- 
stitution, and in certain inferior courts which have been estab- 
lished by Congress. 

♦See Department of Agriculture, page 158. 



160 ILLINOIS AND THE NATION. 

This judicial power extends to all cases in law and equity 
arising under the constitution, the laws of the United States, 
and treaties made under their authority; to all cases affecting 
aniibassadors and other public ministers, and consuls; to all 
cases of admiralty and maritime jurisdiction; to controversies 
to which the United States is a party; to controversies 
between two op more States; between citizens of different 
States; between citizens of the same State claiming lands 
under grants of different States; between a State, or its citizens, 
and foreign states, citizens, or subjects; and between a State 
and citizens of another State. 

The eleventh amendment to the constitution provides that 
this judicial power must not be construed to extend to any 
suit in law or equity commenced or prosecuted against one of 
the United States by citizens of another State, or by citizens 
or subjects of any foreign state. (See page 35). 

Personal Rights. — No person can be twice put in 
jeopardy of life or limb; or be compelled to be a witness 
against himself, or be deprived of hfe, liberty or property, 
without due process of law. 

In all criminal trials, the person accused has the right to a 
speedy and public trial by an impartial jury of the State and 
district in which the crime has been committed. He must be 
informed of the nature and cause of the charge against him^ 
and be allowed to meet the witnesses against him face to face; 
he must also iiave process to compel witnesses to appear in his 
favor, and the assistance of counsel for his defense. 

The Constitution further provides that excessive bail shall 
not be required, excessive fines imposed, nor cruel and unusual 
punishment inflicted. 

Judges. — AH United States judges are appointed by the 
President, with the consent of the Senate, and hold office dur- 
ing good behavior. They can be removed from office only by 
impeachment. 



NATIONAL GOVERNMENT. 151 

Any judge of any court of the United States who has held 
the office for ten years, and has attained to the age of seventy 
years may resign his office, and yet receive the same salary 
during li^e tt.at was paid him at the time of his resignation. 

The compensation of United States judges cannot be 
diminished during their continuance in office. 

Trial by Jury, — The trial of all crimes, except in cases 
of impeachment, must be by jury; the trial must be held in 
the State where the crimes have been committed; when not 
committed within any State, the trial must be at such place as 
Congress has, by law, directed. 

In suits at common law, in cases where the amount in dis- 
pute is more than twenty dollars, the right of trial by jury 
must be preserved. 

Treason. — Treason against the United States consists 
only in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No person can be con- 
victed of treason except on the testimony of two witnesses to 
the same overt act, or on confession in open court. 

Congress has power to declare the punishment of treason, 
but no attainder of treason can work corruption of blood, or 
forfeiture, except during the life of the person attainted. 

In England, for punishment of treason, besides the cruel 
death which was inflicted^ there was an attaiiider or stain^ 
which had the effect not only of forfeiting the property of the 
person convicted to the State, but of preventing his children 
from inheriting property from their ancestors. His blood was 
so corrupted by his crime that property could not descend 
through him to his children. Such an attainder is prohibited 
in this country. 

Aaron Burr was tried f^r treason in 1807 and acquitted. 

Indictment by Grand Jury. — Before a person can be 
brought to trial for offenses against the United States he must 



15^ ILLINOIS AND THE NATION. 

be indicted by a grand jury, except in cases which arise in the 
army or navy, or in the miUtia when in actual service in time 
of war or pubUc danger. 

Instead of the indictment, the grand jury may make a 
presentment, which is a charge made by them from their own 
knowledge, or from evidence before them, without the formal 
accusation drawn up by the prosecuting attorney^ (See p. 49). 

SUPREME COURT. 

Jurisdiction. — The United States Supreme Court haa 
original jurisdiction in all cases affecting ambassadors, other 
public ministers, and consuls, and those in which a State shall 
be a party. In all other cases mentioned under the head of 
Judicial Power (except where exceptions have been made by 
Congress), it has appellate jurisdiction. (See p. 46). 

JudgfeS. — There are nine judges of the United States 
Supreme Court, — a chief-justice and eight associate justices. 

Salaries. — The judges of the United States Supreme 
Court receive $10,000, except the chief-justice, who receives 
$10,500 a year. 

CIRCUIT COURTS. 

Number and Jurisdiction.— The United States are 

divided into nine circuits. 

The circuit courts have original jurisdiction in civil suits 
arising under patent and copyright laws, and in several other 
cases; also in criminal cases for the trial of persons accused 
of offenses against the United States. They have appellate 
jurisdiction in cases tried before the United States district 
courts. 

Judg'es. — One circuit judge is appointed in each circuit 
Ke may hold court with or without a district judge. 



NATIONAL GOVERNMENT. 153 

The judges of the Supreme Court apportion the nine cir- 
cuits among themselves, and hold court in each at least once 
every two years. The supreme judge may associate with 
himself a circuit judge or a district judge. 

Salary. — United States Circuit judges receive $6,000 a 
year. 

DISTRICT COURTS. 

Jurisdiction. — The jurisdiction of district courts extends 
to the trial of all crimes committed within the district against 
the United States, except those punishable with death. 

The original jurisdiction in civil cases is about the same as 
in the circuit court. 

Judg'es. — The United States are divided into about sixty 
districts for the purpose of holding district courts. The num- 
ber of district judges does not correspond to the number of 
districts, as, in some cases, one judge is aupointed for two or 
more districts. But there is at least one district judge in every 
State. 

Salaries. — United States district judges receive from 
^3>5oo to $5,000 a year. 

MISCELLANEOUS. 

RIGHTS OF THE STATES. 

Representation. — Each state is entitled to at least one 
representative in the Lower House, and no amendment to 
the constitution can be made which will deprive any States 
without its consent, of its equal suffrage in the Senate.. 

Citizenship. — The Citizens in each State are entitled to 
all the privileges and immunities of citizens in the several 
States. 

Protection. — The United States guarantees to every State 
a republican form of government, and protects it from invas- 
ion and domestic violence on the application of the legis- 
lature of the State, or the Governor, when the legislature can- 
not be convened. 



164 ILLINOIS AND THE NATION, 

Requisitions. — if a person charged in any State with 
treason, felony or other infamous crime, flees from justice 
and is found in another State, he must, on the demand of the 
Governor of the State from which he fled, be dehvered up, to' 
be removed to the State which has jurisdiction of the crime. 

Full faith and credit must be given in each State to the 
acts, records and judicial proceedings of every other State. 
Congress prescribes, by general law, the manner in which 
such acts, records and proceedings are to be proved, and the 
effect when proof is made. 

Rig'htS Reserved. — The powers not delegated to the 
United States by the constitution, nor prohibited by it to the 
States, are reserved to the States or to the people; and the 
enumeration of certain rights must not be construed to deny 
or disparage others retained by the people. 

LIMITATIONS ON THE STATES. 

Alliances Prohibited. — No State can enter into any 
treaty, alliance or confederation ; or enter into any agreement 
or compact with another State, or with a foreign power, with- 
out the consent of Congress, 

War. — No State can grant letters of marque and reprisal. 
Neither can it, without the consent of Congress, keep troops 
or ships of war in time of peace, nor engage in war unless 
actually invaded, or in such imminent danger as will not 
admit of delay. 

Money. — No State can coin money, emit bills of credit, 
make anything but gold and silver coin a legal tender in pay- 
ment of debt, or pass any law impairing the obligations of 
contracts. 

Duties. — No State can, without the consent of Congress, 
lay any duty of tonnage, or any duties on exports or imports, 



NATIONAL GOVERNMENT. 155 

except what may be absolutely necessary for executing the 
inspection laws. The net proceeds of all such duties are held 
for the use of the treasurer of the United States. 

Civil and Personal Rights. — All persons born or 

naturalized in the United States, and subject to their juris- 
diction, are citizens of the United States and of the States in 
which they reside; and no State can make or enforce any law 
which shall abridge the privileges or immunities of citizens of 
the United States. No State can deprive any person of life, 
liberty or property, without due process of law, or deny to any 
person within its jurisdiction the equal protection of the laws. 
No State can pass any bill of attainder or ex post facto 
law. 

Title of Nobility. — No State can grant any title of 
nobility. 

Illegal Debts. — a state cannot assumic or pay any debt 
or obligation incurred in aid of insurrection or rebellion against 
the United States, or for the loss or emancipation of any 
slave. 

GENERAL PROVISIONS. 

Admission of States. — Congress may admit new 
States into the Union; but no new State can be formed with- 
in the jurisdiction of any other State, or by the junction of 
two or more States, without the consent of the legislatures of 
of the States concerned, as well as of Congress. 

Titles of Nobility. — The United States cannot grant 
any title of nobility; and no person holding any office of trust 
or profit under them can, without the consent of Congress, 
accept any present, emolument, office or title from any king, 
prince or foreign State. 



156 ILLINOIS AND THE NATION. 

Amendments to the Constitution.— Whenever two- 
thirds of both houses may deem it necessary, Congress must 
propose amendments to the constitution; or, on appUcation of 
the legislatures of two-thirds of the States, must call a conven. 
tion for proposing amendments. Amendments proposed in 
either of these ways are valid to all intents and purposes as par^ 
of the constitution, when ratified by the legislatures of three^ 
fourths of the States, or by conventions in three-fourths of the 
States, as the one or the other mode of ratification may be 
proposed by Congress. But no amendment can be made 
which will deprive any State, without its consent, of its equai 
suffrage in the Senate. 

Fifteen amendments to the constitution have been adopted. 
The first ten were proposed by the first Congress, and were 
ratified in 1791. They all pertain to the rights of the people, 
and, taken together, constitute what is called a " Bill of 
Rights". The second article of the constitution of Illinois 
consists of a Bill of Rights. 

The eleventh amendment, ratified in 1798, limits the jur- 
isdiction of the national judiciary; the twelfth, ratified in 1804, 
changes the mode of electing the President and Vice-President; 
the thirteenth, ratified in 1865, abolishes slavery in the United 
States; the fourteenth, ratified in 1868, declares the emanci- 
pated slaves to be citizens, and invests them with full civil 
rights; prescribes the manner of apportioning the representa- 
tives among the States; places a political disability upon all 
persons who, having sworn to support the constitution, after- 
wards engaged in rebellion against the United States; and 
provides that such disability may be removed by a two-thirds 
vote in both houses of Congress. The fifteenth amendment 
provides that the right of citizens of the United States to 
vote cannot be denied or abridged on account of race, color, 
or previous condition of servitude. 



NATIONAL GOVERNMENT. 157 

Supreme Law. — The constitution of the United States, 
the laws made in pursuance of its provisions, and all treaties 
made under the authority of the United States, constitute the 
supreme law of the land. The judges in every State are 
bound by these, notwithstanding anything which may be in 
the constitution or laws of any State. 

Personal Rights, — No soldier can, in time of peace, be 
quartered in any house without the consent of the owner, or in 
time of war, except in the manner provided by law. 

The people have the right to be secure in their persons, 
houses, papers and effects against unreasonable searches and 
seizures, and this right must not be violated. Warrants can- 
not be issued except on probable cause, supported by oath 
(or affirmation), and particularly describing the place to be 
searched, and the persons or things to be seized. 

Slavery. — Neither slavery nor involuntary servitude, ex- 
cept as a punishment of crime of which the person is duly 
convicted, can exist within the limits of the United States, or 
in any place subject to their jurisdiction. 

Public Debt.— The validity of the public debt of the 
United States, authorized by law, including debts incurred 
for payment of pensions and bounties for service in suppress- 
ing insurrection and rebellion cannot be questioned. 

The United States cannot assume or pay any debt or ob- 
ligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of 
any slave. 



158 



ILLINOIS AND THE NATION. 



Department of Agriculture. — The Department of 
Agriculture collects and preserves information con- 
cerning agriculture. It also collects seeds and plants, 
and tests them and distributes seeds, plants and infor- 
mation concerning agriculture among farmers and 
other interested persons. 

These duties were formicrly performed by the Bureau 
of Agriculture in the Department of the Interior. The 
Bureau was changed to an independent department in 
1889. The head of this department is the Secretary 
of Agriculture. 



APPENDIX. 



CONSTITUTION OF THE STATE OF ILLINOIS. 



Adopted in Convention at Springfield, May 13, A. D. 1S70. 



Ratified by the People July 2, 1870; in force August 8, 1870; 
amended in 1S7S, iSSo and 1SS6. 



TRE AMBLE. 



We, the people of the State of Illinois — grateful to Almighty God for 
the civil, political and religious liberty which He hath so long permitted 
us to enjoy, and looking to Him for a blessing upon our endeavors to se- 
cure and transmit the same unimpaired to succeeding generations — in 
order to form a niore perfect government, establish justice, insure 
domestic tranquility, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this constitution for the State of 
Illinois. 

ARTICLE I. 

boundaries. 

The boundaries and jurisdiction of the State shall be as follows, to. 
wit: Beginning at the mouth of AVabash River; thence up the same, and 
with the line of Indiana, to the northwest corner of said State; thence 
east, with the line of the same State, to the middle ot Lake Michigan; 
thence north along the middle of said lake, to north latitude forty-two 
degrees and thirty minutes; thence west to the middle of the Mississippi 
River, and thence down along the middle of that river to its confluence 
with the Ohio River, and thence up the latter river along its northwestern 
shore, to the place beginning: Provided, that this State shall exercise 

(159) 



160 



ILLINOIS AND THE NATION. 



such jurisdiction upon the Ohio River, as she is now entitled to, or such 
as may hereafter be agreed upon by this State and the State of Kentucky, 

ARTICLE II. 

BILL OF RIGHTS. 

§ I. All men are by nature free and independent, and have certain 
inherent and inalienable rights — among these are life, liberty, and the 
pursuit of happiness. To secure these rights and the protection of 
property, governments are instituted among men, deriving their just 
powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty or property, with- 
out due process of law. 

§ 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed; and no 
person shall be denied any civil or political right, privilege or capacity 
on account of his religious opinions; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirmations, ex- 
cuse acts of licentiousness, or justify practices inconsistent with the 
peace or safety of the State. No person shall be required to attend or 
support any ministry or place of worship against his consent, nor shall 
any preference be given by law to any religious denomination or mode of 
worship. 

. § 4. Every person may freely speak, write and publish on all sub- 
jects, being responsible for the abuse of that liberty; and in all trials for 
libel, both civil and criminal, the truth, when published with good 
motives and for justifiable ends, shall be a sufficient defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall remain 
inviolate; but the trial of civil cases before justices of the peace, by a 
jury of less than twelve men, may be authorized by law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue without probable cause, sup- 
ported by affidavit, particularly describing the place to be searched, and 
the persons and things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except for 
capital offenses, where the proof is evident or the presumption great; and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

§ 8. No person shall be held to answer for a criminal offense, unless 
on indictment of a grand jury, except in cases in which the punishment is 



APPENDIX. 



161 



by fine, or imprisonment otherwise than in the penitentiary, in cases of im- 
peachment, and in cases arising- in the army and navy, or in the militia 
when in actual service in time of %var or public danger: Provided, that 
the grand jury may be abolished by law in all cases. 

§ 9. In all criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel; to demand the nature 
and cause of the accusation, and to have a copy thereof; to meet the wit- 
nesses face to face, and to have process to compel the attendance of wit- 
nesses in his behalf, and a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged to have been committed. 

^10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 

§ II. All penalties shall be proportioned to the nature of the of- 
fense; and no conviction shall work corruption or forfeiture of estate; 
nor shall any person be transported out of the State for any offense com- 
mitted within the same, 

§ 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law; or in cases where there is strong presumption 
of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not made by 
the State, shall be ascertained by a jury, as shall be prescribed by law. 
The fee of land taken for railroad tracks, without consent of the owners 
thereof, shall remain in such owners, subject to the use for which it is 
taken. 

§ 14. No ex post facto law, or law impairing the obligation of con- 
tracts, or making any irrevocable grant of special privileges or immu- 
nities, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war except in the man- 
ner prescribed by law. 

§ 17. The people have the right to assemble in a peaceable manner 
to consult for the common good, to make known their opinions to their 
representatives, and to apply for redress of grievances. 
§ 18. All elections shall be free and equal. 
§ 19. Every person ought to find a certain remedy in the laws for all 



162 



ILLINOIS AND THE NATION. 



injuries and wrongs whicli he may receive in his person, property or repu" 
tation; he ought to obtain, by law, right and justice freely and without 
being obliged to purchase it, completely and without denial, promptly and 
without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of liberty. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the Legislative, Executive and Judicial; and no 
person, or collection of persons, being one of these departments, shall 
exercise any power properly belonging to either of the others, except as 
hereinafter expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT, 

§ I. The legislative power shall be vested in a general assembly, 
which shall consist of a Senate and House of Representatives, both to be 
elected by the people, 

ELECTION, 

§ 2. An election for members of the General Assembly shall be held 
on the Tuesday next after the first iNIonday in November, in the yea:* of 
our Lord one thousand eight hundred and seventy, and every two years 
thereafter, in each county, at such places therein as may be provided by 
law. When vacancies occur in either house, the governor, or person 
exercising the powers of governor, shall issue writs of election to fill 
such vacancy. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained the 
age of twenty-five years, or a representative who shall not have attained 
the age of twenty-one years. No person shall be a senator or representa- 
tive who shall not be a citizen of the United States, and who shall not have 
been for five years a resident of this State, and for two years next preceding 
his election a resident within the territory forming the district from which 
he is elected. No judge or clerk of any court, secretary of State, attorney 
fT-eneral, State's attorney, recorder, sheriff, or collector of public 
revenue, member of either house of congress, or person holding any 
lucrative office under the United States or this State, or any foreign gov- 



APPENDIX. 



163 



ernment, shall have a seat in the General Assembly : Provided, that 
appointments in the militia, and the offices of notary public and justice 
of the peace, shall not be considered lucrative. Nor shall any person 
holding any office of honor or profit under any foreign government, or 
under the government of the United States (except postmasters whose 
annual compensation does not exceed the sum of three hundred dollars), 
hold any office of honor or profit under the authority of this State. 

§ 4. No person who has been, or hereafter shall be convicted of 
bribery, perjury or other infamous crime, nor any person who has been or 
may be a collector or holder of public moneys, who shall not have 
accounted for and paid over, according to law, all such moneys due from 
him, shall be eligible to the General Assembly, or to any office of profit 
or trust in this State. 

§ 5. Members of the General Assembly, before they enter upon their 
official duties, shall take and subscribe the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will support the constitution of the 
United States and the constitution of the State of Illinois, and will faithfully dis- 
charge the duties of senator (or representative) according to the best of my ability; 
and that 1 have not knowingly or intentionally, paid or contributed anything, or 
made any promise in the nature of a bribe, to directly or indirectly influence any 
vote at the election at which I was chosen to fill the said office, and have not 
accepted, nor will I accept or receive, directly or indirectly, any money or other 
valuable thing, from any corporation, company or person, for any vote or influ- 
ence I may give or withhold on any bill, resolution or appropriation, or for any 
other official act." 

This oath shall be administered by a judge of the supreme or circuit 
court in the hall of the house to which the member is elected, and the 
secretary of State shall record and file the oath subscribed by each mem- 
ber. Any member who shall refuse to take the oath herein prescribed 
shall forfeit his office, and every member who shall be convicted of hav- 
ing sworn falsely to, or of violating his said oath, shall forfeit his office 
and be disqualified thereafter from holding any office of profit or trust in 
this State. 

APPORTIONMENI — SENATORIAL. 

§ 6. The General Assembly shall apportion the State every ten years, 
beginning with the year one thousand eight hundred and seventy-one, by 
dividing the population of the State, as ascertained by the federal census, 
by the number fifty-one, and the quotient shall be the ratio of representa- 
tion in the senate. The State shall be divided into fifty-one senatorial 
districts, each of which shall elect one senator, whose term of office shall 
be four years. The senators elected in the year of our Lord one thou- 



164 



ILLINOIS AND THE NATION. 



sand eight hundred and seventy-two, in districts bearing odd numbers, 
shall vacate their offices at the end of two years, and those elected in dis- 
tricts bearing even numbers, at the end of four years; and vacancies 
occurring by the expiration of term shall be filled by the 
election of senators for the full term. Senatorial districts shall be 
formed of contiguous and compact territory, bounded by county 
lines, and contain as nearly as practicable an equal number of in- 
habitants; but no district shall contain less than four-fifths of 
the senatorial ratio. Counties containing not less than the ratio and 
three-fourths, may be divided into separate districts, and shalU be en- 
titled to two senators, and to one additional senator for each number of 
inhabitants equal to the ratio contained by such counties in excess of 
twice the number of said ratio. 

Note. —By the adoption of minority representation, §§7 and S of this article, 
above set forth, cease to be a part of the constitution. Under § 12 of the schedule, 
and the vote of adoption, the following section relating to minority representation 
is substituted for said sections: 

MINORITY REPRESENTATION. 

§ § 7 and 8. The house of representatives shall consist of three 
times the number of the members of the senate, and the term of office 
shall be two years. Three representatives shall be elected in each sena- 
torial district at the general election in the year of our Lord one thousand 
eight hundred and seventy-two, and every two years thereafter. In all 
elections of representatives aforesaid, each qualihed voter may cast as 
many votes for one candidate as there are representatives to be elected, 
or may distribute the same, or equal parts thereof, among the candidates, 
as he shall see fit; and the candidates highest in votes shall be declared 
elected. 

TIME OF MEETING AND. GENERAL RULES. 

§ 9. The sessions of the General Assembly shall commence at twelve 
o'clock noon, on the Wednesday next after the first Monday in January, 
in the year next ensuing the election of members thereof, and at no other 
time, unless as provided by this constitution. A majority of the mem- 
bers elected to each house shall constitute a quorum. Each house shall 
determine the rules of its proceedings, and be the judge of the election, 
returns and qualifications of its members; shall choose its own officers; 
and the senate shall choose a temporary president to preside when the 
lieutenant governor shall not attend as president, or shall act as governor. 
The secretary of State shall call the House of Representatives to order 



APPENDIX. 



165 



at the opening of each new assembly, and preside over it until a tem- 
porary presiding officer thereof shall have been chosen and shall have 
taken his seat. No member shall be expelled by either house, except by 
a vote of two-thirds of all the members elected to that house, and no 
member shall be twice expelled for the same offense. Each house may 
punish by imprisonment any person, not a member, who shall be guilty 
of disrespect to the house by disorderly or contemptuous behavior in its 
presence. But no such im.prisonment shall extend beyond twenty-four 
hours at one time, unless the person shall persist in such disorderly or 
contemptuous behavior. 

t^ lo. The door of each house and of committees of the whole shall 
be kept open, except in such cases as, in the opinion of the house, 
require secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days, or to any other place than that in 
which the two houses shall be sitting. Each house shall keep a journal 
of its ptoceedings, which shall be published. In the senate, at the 
request of two members, and in the house at the request of five mem- 
bers, the yeas and nays shall be taken on any question, and entered 
upon the journal. Any two members of either house shall have lib- 
erty to dissent from and protest, in respectful language, against any 
act or resolution which they think injurious to the public or to any 
individual, and have the reasons of their dissent entered upon the 
journals. 

STYLE OF LAWS, AND PASSAGE OF BILLS. 

g II. The style of the laws of this State shall be: ''Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly." 

§ 12. Bills may originate in either house, but may be altered, 
amended or rejected by the other; and on the final passage of all bills, 
the vote shall be by yeas and nays, upon each bill separately, and shall 
be entered upon the journal; and no bill shall become a law without the 
concurrence of a majority of the members elected to each house. 

§ 13. Every bill shall be read at large on three different days, in each 
house; and the bill and all amendments thereto shall be printed before 
the vote is taken on its final passage; and every bill, having passed both 
houses, shall be signed by the speakers thereof. No act hereafter passed 
shall embrace more than one subject, and that shall be expressed in the 
title. But if any subject shall be embraced in an act which shall not be 
expressed in the title, such act shall be void only as to so much thereof 
as shall not be so expressed; and no law shall be revived or amended by 



166 ILLINOIS AND THE NATION. 

reference to its title only, but the law revived, or the section amended, 
shall be inserted at length in the new act. And no act of the General 
Assembly shall take effect until the first day of July next after its pass- 
age, unless, in case of emergency (which emergency shall be expressed 
in the preamble or body of the act) the General Assembly shall, by a 
vote of two-thirds of all the members elected to each house, otherwise 
direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during the session 
of the General Assembly, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not be questioned 
in any other place. 

§ 15. No person elected to the General Assembly shall receive any 
civil appointment within this State from the governor, the governor and 
senate, or from the General Assembly, during the term for which he 
shall have been elected; and all such appointments, and all votes given 
for any such members for any such office or appointment, shall be 
void; nor shall any member of the General Assembly be interested, 
either directly or indirectly, in any contract with the State, or any county 
thereof, authorized by any law passed during the term for which he shall 
have been elected, or within one year after the expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The General Assembly shall make no appropriation of money 
out of the treasury in any private law. Bills making appropriations for 
the pay of members and officers of the General Assembly, and for the 
salaries of the officers of the government, shall contain no provision on 
any other subject. 

§ 17. No money shall be drawn from the treasury except in pursu- 
ance of an appropriation made by law, and on the presentation of a 
warrant issued by the auditor thereon; and no money shall be diverted 
from any appropriation made for any purpose, or taken from any fund 
whatever, either by joint or separate resolution. The auditor shall, within 
sixty days after the adjournment of each session of the General Assembly, 
prepare and publish a full statement of all money expended at such ses- 
sion, specifying the amount of each item, and to whom and for what paid. 

§ 1 8. Each General Assembly shall provide for all the appropriations 
necessary for the ordinary and contingent expenses of the government 
until the expiration of the first fiscal quarter after the adiournment of 



APPENDIX. 



167 



the next regular session, the aggregate amount of which shall not be 
increased without a vote of two-thirds of the members elected to each 
house, nor exceed the am.ount of revenue authorized by law to be raised 
in such time; and all appropriations, general or special, requiring money 
to be paid out of the State treasury, from funds belonging to the State, 
shall end with such fiscal quarter. Proindcd, the State may, to meet 
casual deficits or failures in revenues, contract debts, never to exceed in 
the aggregate two hundred and fifty thousand dollars; and moneys thus 
borrowed shall be applied to the purpose for which they were obtained, 
or to pay the debt thus created, and to no other purpose; and no other 
debt, except for the purpose of repelling invasion, suppressing insurrec- 
tion, or defending the State in war (for payment of which the faith of 
the State shall be pledged), shall be contracted, unless the law autho- 
rizing the same shall, at a general election, have been submitted to the 
people and have received a majority of the votes cast for members of the 
General Assembly at such election. The General Assembly shall provide 
for the publication of said law for three months, at least, before the vote 
of the people shall be taken upon the same; and provision shall be made, 
at the time, for the payment of the interest annually, as it shall accrue, 
by a tax levied for the purpose, or from other sources of revenue; which 
law, providing for the payment of such interest by such tax, shall be 
irrepealable until such debt be paid. And, p)ovided fiu-ther, that the 
law levying the tax shall be submitted to the people with the law autho- 
rizing the debt to be contracted. 

§ 19. The General Assembly shall never grant or authorize extra 
compensation, fee or allowance to any public officer, agent, servant or 
contractor, after service has been rendered or a contract made, nor 
authorize the payment of any claim, or part thereof, hereafter created 
against the State under any agreement or contract made without express 
authority of law; and all such unauthorized agreements or contracts 
shall be null and void. Provided, the General Assembly may make 
appropriations for expenditures incurred in suppressing insurrection or 
repelling invasion. 

§ ?o. The State shall never pay, assume or become responsible for 
the debts or liabilities of, or in any manner give, loan or extend its 
credit to, or in aid of, any public or other corporation, association or 
individual. 

PAY OF MEMBERS. 

§ 21. The members of the General Assembly shall receive for their 
services the sum of five dollars per day, during the first session held 



168 ILLINOIS AND THE NATION. 

under this constitution, and ten cents for each mile necessarily traveled 
in going to, and returning from, the seat of government, to be computed 
by the auditor of public accounts; and thereafter such compensation as 
shall be prescribed by law, and no other allowance or emolument, directly 
or indirectly, for any purpose whatever, except the sum of fifty dollars 
per session to each member, which shall be in full for postage, stationery, 
newspapers and all other incidental expenses and perquisites; but no 
change shall be made in the compensation of the General Assembly dur- 
ing the term for which they may bave been elected. The pay and 
mileage allowed to each member of the General Assembly shall be certi- 
fied by the speakers of their respective houses, and entered on the jour- 
nals, and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The General Assembly shall not pass local or special laws in 
any of the following enumerated cases, that is to say, for — 

Granting divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or highways; 

Vacating roads, town plats, streets, alleys, and public grounds; 

Locating or changing county seats; 

Regulating county and township affairs; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of the peace, police 
magistrates and constables; 

Providing for changes of venue in civil and criminal cases; 

Incorporating cities, towns, or villages, or changing or amending the 
charter of any town, city or village; 

Providing for the election of members of the board of supervisors in 
townships, incorporated towns or cities; 

Summoning and impaneling grand or petit juries; 

Providing for the management of common schools; 

Regulating the rate of interest on money; 

The opening and conducting of an election, or designating the place 
of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 



APPENDIX. 



169 



Creating, increasing, or decreasing fees, percentages cr allowances oi 
public officers, during the term for which said ofiicers are elected or 
appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to lay 
down railroad tracks, or amending existing charters for such purpose. 

Granting to any corporation, association or individual any special or 
exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

§ 23. The General Assembly shall have no power to release or ex- 
tinguish, in whole or in part, the indebtedness, liability, or obligation of 
any corporation or individual to this State or to any municipal corpora- 
tion therein. 

IMPEACHMENT. 

§ 24. The House of Representatives shall have the sole power of im- 
peachment; but a majority of all the members elected must concur therein. 
All impeachments shall be tried by the senate; and when sitting for that 
purpose, the senators shall be upon oath or affirmation, to do justice 
according to law and evidence. When the governor of the State is tried, 
the chief-justice shall preside. No person shall be convicted without the 
concurrence of two-thirds of the senators elected. But judgment, in 
such cases, shall not extend further than removal from office, and dis- 
qualification to hold any office of honor, profit or trust under the govern- 
ment of this State. The party, whether convicted or acquitted, shall, 
nevertheless, be liable to prosecution, trial, judgment and punishment 
according to law. 

MISCELLANEOUS. 

§ 25. The General Assembly shall provide, by law, that the fuel, sta- 
tionery and printing paper furnished for the use of the State; the copy- 
ing, printing, binding and distributing the laws and journals, and all 
other printing ordered by the General Assembly, shall be let by con- 
tract to the lowest responsible bidder; but the General Assembly shall 
fix a maximum price: and no member thereof, or other officer of the 
State, shall be interested, directly or indirectly, in such contract. But 
all such contracts shall be subject to the approval of the governor, and if 
he disapproves the same, there shall be a re-letting of the contract, in 
such manner as shall be prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
court or law or equity. 



170 



ILLINOIS AND THE NATION. 



§ 27. The General Assembly shall have no power to authorize lot- 
teries or gift enterprises, for any puroose. and shall pass laws to prohibit 
the sale of lottery or gift enterprise tickets in this State. 

§ 2S. No law shall be passed which shall operate to extend th<^ term 
of any public ofticer after his election or appointment. 

§ 29. It shall be the duty of the General Assembly to pass such 
laws as may be necessary for the protection of operative miners, by pro- 
viding for ventilation, when the same may be required, and the con- 
struction of escapement shafts, or such other appliances as may secure 
safety in all coal mines, to provide for the enforcement of said laws by 
such penalties and punishments as may be deemed proper. 

§ 30. The General Assembly may provide for establishing and open- 
ing roads and cartways, connected with a public road, for private and 
public use. 

*§ 31. The General Assembly may pass laws permitting the owners 
of land to construct drains, ditches and levees for agricultural, sanitary 
or mining purposes, across the lands of others, and provide for the organ- 
ization of drainage districts, and vest the corporate authorities thereof 
wdth power to construct and maintain levees, drains and ditches, and to 
keep in repair all drains, ditches and levees heretofore constructed under 
the laws of this State, by special assessments upon the property bene- 
fited thereby. 

§ 32. The General Assembly shall pass liberal homestead and ex- 
eiliption laws. 

§ 33. The General Assembly shall not appropriate out of tlie State 
treasury, or expend on account of the new capitol grounds, and construc- 
tion, completion and furnishing of the Statehouse, a sum exceeding, in the 
aggregate, three and a half millions of dollars, inclusive of all appropri- 
ations heretofore made, without first submitting the proposition for an 
additional expenditure to the legal voters of the State, at a general elec- 
tion; nor unless a majority of all votes cast at such election shall be for 
the proposed additional expenditure. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

§ I. The executive department shall consist of a governor, lieute- 
nant-governor, secretary of State, auditor of public accounts, treasurer, 
superintendent of public instruction, and attorney-general, who shall 
each, with the exception of treasurer, hold his office for the term of four 

*A9 amended in 1878. 



APPENDIX. 171 

]*ears from the second Men day of January next after his election, and 
until his successor is elected and qualihed. They shall, except the 
lieutenant-governor, reside at the "seat of government during the term oi 
ofifice, and keep the public records, books and papers there, and shall 
perform such duties as may be prescribed by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified; and shall be ineligible to 
said office for two years next after tlie end of the term for which he was 
elected. lie may be required by the governor to give reasonable addi- 
tional security, and in default of so doing his office shall be deemed 
vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant-governor, secretary of 
State, auditor of public accounts, and attorney-general, shall be held on 
the Tuesday next after the first Monday of November, in the year of our 
Lord one thousand eight hundred and seventy-two, and every four years 
thereafter; for superintendent of public instruction, on the Tuesday next 
after the first Monday of November, in the year one thousand eight hun- 
dred and seventy, and every four years thereafter; and for treasurer, on 
the day last above mentioned, and every two years thereafter, at such 
places and in such manner as may be described by law. 

§ 4. The returns of every election for the above named officers shall 
be sealed up and transmitted, by the returning officers, to the secretary of 
State, directed to " The Speaker of the House of Representatives," who 
shall, immediately after the organization of the house, and before pro- 
ceeding to other business, open and publish the same in the presence of a 
majority of each house of the General Assembly, who shall for that pur- 
pose assemble in the hall of the House of Representatives. The person 
having the highest number of votes for either of said offices, shall be de- 
clared duly elected; but if two or more have an equal, and the highest 
number of votes, the General Assembly shall, by joint ballot, choose cne 
of such persons for said office. Contested elections for all of said offices 
shall be determined by both houses of the CJeneral Assembly, by joint 
ballot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor, or lieuten- 
iint-governor, who shall not have attained the age of thirty years, and 
been for five years next preceding his election, a citizen of the United 
States and of this State. Neither the governor, lieutenant-governor, 



172 ILLINOIS AND THE NATION. 

auditor of public accounts, secretary of State, superintendent of public 
instruction, nor attorney-general, shall be eligible to any other office 
during the period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the governor, 
who shall take care that the laws be faithfully executed. 

^ 7. The governor shall, at the commencement of each session, and 
at the close of his term of office, give to the General Assembly informa- 
tion, by message, of the condition of the State, and shall recommend 
such measures as he shall deem expedient. He shall account to the 
General Assembly, and accompany his message with a statemicnt of all 
moneys received and paid out by him from any funds subject to his 
order, with vouchers, and, at the commencement of each regular session, 
present estimates of the amount of money required to be raised by tax- 
ation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
General Assembly, by proclamation, stating therein the purpose for 
which they are convened; and the general assembly shall enter upon no 
business except that for which they were called together. 

§ 9. In case of an agreement between the two houses with respect 
to the time of adjournment, the governor may, on the same being cer- 
tified to him by the house first moving the adjournment, adjourn the 
General Assembly to such time as he thinks proper, not beyond the first 
day of the next regular session. 

§ 10. The governor shall nominate and, by and with the advice and 
consent of the senate (a majority of all the senators elected concurring 
by yeas and nays), appoint all officers whose offices are established by 
this constitution, or which may be created by law, and whose appoint- 
ment or election is not otherwise provided for; and no such officer shall 
be appointed or elected by the General Assembly. 

^11. In case of vacancy, during the recess of the senate, in any 
office which is not elective, the governor shall make a temporary appoint- 
ment until the next meeting of the senate, when he shall nominate some 
person to fill such office ; and any person so nominated, who is con- 
firmed by the senate (a majority of all the senators elected concurring 
by yeas and nays), shall hold his office during the remainder of the term, 
and until his successor shall be appointed and qualified. No person, 
after being rejected by the senate, shall be again nominated for 
the same office at the same session, unless at the request of the sen' 



APPENDIX. 17S 

ate, or be appointed to the same office during the recess of the General 
Assembly, 

§ 12. ThCgovernor shall have power to remove any officer v^hom he 
may appoint, in case of incompetency, neglect of duty, or malfeasance in 
office; and he may declare his office vacant and fill the same as is herein 
provided in olher cases of vacancy. 

§ 13. The governor shall have power to grant reprieves, commu- 
tations and pardons, after conviction, for all offenses, subject to such 
regulations as may be provided by law relative to the manner of apply- 
ing therefor. 

§ 14. The governor shall be commander-in-chief of the military and 
naval forces of the State (except when they shall be called into the service 
of the United States); and may call out the same to execute the laws, 
suppress insurrection, and repel invasion. 

^5 15. The governor, and all civil officers of this State, shall be liable 
to impeachment for any misdemeanor in office. 



§ 16. Every bill passed by the General Assembly shall, before it 
becomes a law, be presented to the governor. If he approve, he shall 
sign it, and thereupon it shall become a law ; but if he do not approve, 
he shall return it, with his objections, to the house in which it shall have 
originated, which house shall enter the objections at large upon its jour- 
nal, and proceed to reconsider the bill. If, then, two-thirds of the mem- 
bers elected agree to pass the same, it shall be sent, together with the ob- 
jections, to the other house, by which it shall likewise be reconsidered; 
and if approved bytwo-thirds of the members elected to that house, it shall 
become a law, notwithstanding the objections of the governor. But in 
all such cases, the vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which shall not be re- 
turned by the governor within ten days (Sundays excepted) after it shall 
have been presented to him, shall become a law in like manner as if he 
had signed it, unless the General Assembly shall, by their adjournment, 
prevent its return; in which case it shall be filed, with his objections, in 
the office of the secretary of State, within ten days after such adjourn- ^ 
ment, or become a law. ♦ 

LIEUTENANT-GOVERNOR. 

^17. In case of the death, conviction or impeachment, failure to 
qualify, resignation, absence from the State, or other disability of the 

12 '— 



174 ILLINOIS AND THE NATION. 

governor, the powers, duties and emoluments of the office for the resi- 
due of the term, or until the disability shall be removed, shall devolve 
upon the lieutenant-governor. 

§ 18. The lieutenant-governor shall be president of- the senate, and 
shall vote only when the senate is equally divided. The senate shall 
choose a president, pro tempore, to preside in case of the absence, or 
impeachment of the lieutenant-governor, or when he shall hold the office 
of governor. 

§ 19. If there be 00 lieutenant-governor, or if the lieutenant-gov- 
ernor shall, for any of the causes specified in section seventeen of this 
article, become incapable of performing the duties of the office, the 
president of the senate shall act as governor until the vacancy is filled or 
the disability removed; and if the president of the senate, for any of the 
above named causes, shall become incapable of performing the duties of 
governor, the same shall devolve upon the speaker of the House of Rep- 
resentatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, secre- 
tary of State, attorney general or superintendent of public instruction 
shall be vacated by death, resignation or otherwise, it shall be the duty 
of the governor to fill the same by appointment, and the appointee shall 
hold his office until his successor shall be elected and qualified in such 
rnanner as may be provided by law. An account shall be kept by the 
officers of the executive department, and of all the public institutions of 
the State, of all moneys received or disbursed by them, severally, 
from all sources, and for every service performed, and a semi-annual 
report thereof be made to the governor, under oath; and any officer 
who makes a false report shall be guilty of perjury, and be punished 
accordingly. 

§ 21. The officers of the executive department, and of all the public 
institutions of the State, shall, at least ten days preceding each regular 
session of the General Assembly, severally report to the governor, who 
shall submit such reports to the General Assembly, together with the 
reports of the judges of the supreme court of defects in the constitution 
and laws; and the governor may at any time require information, in 
writing, under oath, from the officers of the executive department, and 
all officers and managers of State institutions, upon any subject relat- 
ing to the condition, management and expenses of their respective 
offices. 



APPENDIX. 



THE SEAL OF STATE. 



175 



§ 22. There shall be a seal of the State, which shall be called the 
"Great Seal of the State of Illinois," which shall be kept by the secre- 
tary of State, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their serv- 
ices a salary, to be established by law, which shall not be increased or 
diminished during their official terms, and they shall not, after the expira- 
tion of the terms of those in office at the adoption of this constitution, 
receive to their own use any fees, costs, perquisites of office, or other 
compensation. And all fees that may hereafter be payable by law for 
any services performed by any officer provided for in this article of the 
constitution, shall be paid in advance into the State treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitution or 
law, continuing during the pleasure of the appointing power, or for i 
fixed time, with a successor elected or appointed. An employment is 
an agency, for a temporary purpose, which ceases when that purpose is 
accomplished. 

§ 25. All civil officers except members of the General Assembly and 
such inferior officers as may be by law exempted, shall, before they enter 
on the duties of their respective offices, take and subscribe the following 
oath or affirmation: , 

"I c'o solemnly swear (or affirm, as the case may be) that I will support the 
constitution of the United States, and the constitution of the State of Illinois, and 

that I will faithfully discharge the duties of the office of according to the best 

of my ability.'* 

And no other oath, declaration or test shall be required as a qualifica- 
tion. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

§ I. The judicial powers, except as in this article is otherwise pro- 
vided, shall be vested in one supreme court, circuit courts, county courts, 
justices of the peace, police magistrates, and in such courts as may be 
created by law in and for cities and incorporated towns. 



176 



ILLINOIS AND THE NATION. 



SUPREME COURT. 



§ 2. The supreme court shall consist of seven judges, and shall have 
original jurisdiction in cases relating to the revenue in mandamus and 
habeas corpus, and appellate jurisdiction in all other cases. One of said 
judges shall be chief-justice; four shall constitute a quorum, and the con- 
currence of four shall be necessary to every decision. 

§ 3. No person shall be eligible to the office of judge of the 
supreme court unless he shall be at least thirty years of age, and a citizen 
of the United States, nor unless he shall have resided in this State five 
years next preceding his election, and be a resident of the district in 
which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for holding 
the same; and until otherwise provided by law, one or more terms of 
said court shall be held, for the northern division, in the city of Chicago 
each year at such times as said court may appoint, whenever said city or 
the county of Cook shall appoint appropriate rooms therefor, and the 
use of a suitable library, without expense to the State, The judicial 
divisions may be altered, increased or diminished in number, and the 
times and places of holding said court may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be denom- 
inated Southern, Central and Northern, until otherwise provided by law. 
The State shall be divided into seven districts for the election of judges, 
and until otherwise provided by law, they shall be as follows: 

First Distiict. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Har- 
din, Pope, Union, Johnson, Alexander, Pulaski and Massac. 

Second Distiict. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgom- 
ery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun 
and Christian. 

Thif-d Distiict. — The counties of Sangamon, Macon, Logan, De 
Witt, Piatt, Douglas, Champaign, Vermillion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mer- 
cer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy 
and Woodford. 



APPENDIX. 177 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle and Rork Island. 

Se-oenth District. — The counties of Lake, Cook, Will, Kankakee and 
DuPage. 

The boundaries of the districts may be changed at the session of the 
General Assembly next preceding the election for judges therein, and at 
no other time; but whenever such alterations shall be made, the same 
shall be upon the rule of equality of population, as nearly as county 
boundaries will allow, and the districts shall be composed of contiguous 
counties, in as nearly compact form as circumstances will permit. 
The alteration of the districts shall not affect the tenure of office of any 
judge. 

i^ 6. At the time of voting on the adoption of this constitution, one 
judge of the supreme court shall be elected by the electors thereof, in 
each of said districts numbered two, three, six and seven, who shall hold 
his office for the term of nine yf^.ars from the first Monday of June, in 
the year of our Lord one thousand eight hundred and seventy. The 
<-erm of office of judges of the supreme court, elected after the adoption 
of this constitution, shall be n.'ne years; and on the first Monday of 
June of the year in which the term of any of the judges in the office at 
the adoption of this constitution, or of the judges then elected, shall 
expire, and every nine years thereafter, there shall be an election for 
the successor or successors of such judges, in the respective districts 
wlierein the term of such judges shall expire. The chief-justice shall 
continue to act as such until the expiration of the term for which he was 
elected, after which the judges shall choose one of their number chief- 
justice. 

§ 7. From and after the adoption of this constitution, the judges of 
the supreme court shall each' receive a salary of four thousand dollars per 
annum, payable quarterly, until otherwise provided by law. And after 
said salaries shall be fixed by law, the salaries of the judges in office shall 
not be increased or diminished during the term for which said judges 
shall have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme court, 
held in the grand division in which the case is decided, or, by consent of 
the parties, to any other grand division. 

§ 9. The supreme court shall appoint one reporter of its decisions, 
who shall hold his office for six years, subject to removal by the court. 

§ 10. At the time of the election for representatives in the Geciera] 



178 ILLINOIS AND THE NATION. 

Assembly, happening next preceding the expiration of the terms of office 
of the present clerks of said court, one clerk of said court, for each divis- 
ion shall be elected, whose term of office shall be six years from said 
election, but who shall not enter upon the duties of his office until the 
expiration of the term of his predecessor, and every six years thereafter 
one clerk of said court for each division shall be elected. 

APPELLATE COURTS. 

§ II. After the year of our Lord one thousand eight hundred and 
seventy-four, inferior appellate courts, of uniform organization and juris- 
diction, may be created in districts formed for that purpose, to which 
such appeals and writs of error as the General Assembly may pro- 
vide, may be prosecuted from circuit or other courts, and from which 
appeals and writs of error shall lie to the supreme court, in all criminal 
cases, and cases in which a franchise, or freehold, or the validity of a 
statute is involved, and in such other cases as may be provided by law. 
Such appellate courts shall be held by such number of judges of the cir- 
cuit courts, and at such times and places, and in such manner as may be 
provided by law; but no judge shall sit in review upon cases decided by 
him; nor shall said judges receive any additional compensation for such 
services. 

CIRCUIT COURTS. 

§, 12. The circuit courts shall have original jurisdiction of all causes 
in law and equity, and such appellate jurisdiction as is or may be pro- 
vided by law, and shall hold two or more terms each year in every county. 
The terms of office of judges of circuit courts shall be six years. 

i^ 13. The State, exclusive of the county of Cook and other counties 
having a population of one hundred thousand, shall be divided into judicial 
circuits, prior to the expiration of the terms oi office of the present judges 
of the circuit courts. Such circuits shall be formed of contiguous coun- 
ties, in as nearly compact form and as- nearly equal as circumstances will 
permit, having due regard to business, territory and population, and shall 
not exceed in number one circuit for every one hundred thousand of 
population in the State. One judge shall be elected for each of said cir- 
cuits by the electors thereof. New circuits may be formed and the boun- 
daries of circuits changed by the General Assembly, at its session next 
preceding the election for circuit judges, but at no other time. P^'ovided, 
that the circuits may be equalized or changed at the first session of the 
General Assembly after the adoption of this constitution. The creation, 
alteration or change of any circuit shall not affect the tenure of office of 



APPENDIX. - 179 

any judge. Whenever the business of the circuit court of any one, or of 
two or more contiguous counties, containing a population exceeding fifty 
thousand, shall occupy nine months of the year, the General Assembly 
may make of such county, or counties, a separate circuit. Whenever 
additional circuits are created, the foregoing limitations shall be 
observed. 

§ 14. The General Assembly shall provide for the times of 
holding court in each county; which shall not be changed, except by the 
General Assembly next preceding the general election for judges of said 
courts; but additional terms may be provided for in any county. The 
election for judges of the circuit courts shall be held on the first Monday 
in June, in the year of our Lord one thousand eight hundred and sev- 
enty-three, and every six years thereafter. 

§ 15. The General Assembly may divide the State into judicial cir- 
cuits of greater population and territory, in lieu of the circuits provided 
for in section thirteen of this article, and provide for the election therein, 
severally, by the electors thereof, by general ticket, of not exceeding 
four judges, who shall hold the circuit courts in the circuit for which 
they shall be elected, in such manner as may be provided by law. 

§ 16. From and after the adoption of this constitution, judges of 
the circuit courts shall receive a salary of three thousand dollars per 
annum, payable quarterly, until otherwise provided by law. And 
after their salaries shall be fixed by law, they shall not be 
increased or diminished during the terms for which said judges 
shall be respectively elected; and from and after the adoption of this 
constitution, no judge of the supreme or circuit court shall receive any 
other compensation, perquisite or benefit, in any form whatsoever, nor 
perform any other than judicial duties to which may belong any emolu- 
ments. 

§ 17. No person shall be eligible to the ofiice of judge of the circuit 
or any inferior court, or to membership in the "board of county com- 
missioners," unless he shall be at least twenty-five years of age, and a 
citizen of the United States, nor unless he shall have resided in this State 
five years next preceding his election, and be a resident of the circuit, 
county, city, cities, or incorporated town in which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the General Assembly may create districts of two or 



180 ILLINOIS AND THE NATION. 

more contiguous counties, in each of which shall be elected one 
judge, who shall take the place of, and exercise the powers and juris- 
diction of county judges in such districts. County courts shall be courts 
of records, and shall have original jurisdiction in all matters of probate; 
settlement of estates of deceased persons; appointment of guardians 
and conservators, and settlements of their accounts; in all matters relat- 
ing to apprentices; and in proceedings for the collection of taxes and 
assessments, and such other jurisdiction as may be provided for by gen- 
eral law. 

§ 19. Appeals and writs of error shall be allowed from final deter- 
minations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The General Assembly may provide for the establishment of a 
probate court in each county having a population of over fifty thousand, 
and for the election of a judge thereof, whose term of office shall be 
the same as that of the county judge, and who shall be elected at the 
same time and in the same manner. Said courts, when established, shall 
have original jurisdiction of all probate matters, the settlement of estates 
of deceased persons, the appointment of guardians and conservators, and 
settlements of their accounts; in all matters relating to apprentices, and 
in cases of sales of real estate of deceased persons for the payment of 
debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates and constables shall 
be elected in and for such districts as are, or may be, provided by law, 
and the jurisdiction of such justices of the peace and police magistrates 
shall be uniform. 

state's ATTORNEYS. 

§ 22. At the election for members of the General Assembly in the 
year of our Lord one thousand eight hundred and seventy-two, and 
every four years thereafter, there shall be elected a State's attorney in 
and for each county, in lieu of the State's attorneys now provided by 
law, whose term of office shall be four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The cir- 
cuit court of Cook county shall consist of five judges, until their number 
shall be increased, as herein provided. The present judge of the record- 
er's court of the city of Chicago, and the present judge of the circuit 



APPENDIX. 181 

court of Cook county, shall be two of said judges, and shall remain in 
office for the terms for which they were respectively elected, and until 
their successors shall be elected and qualified. The superior court of 
Chicago shall be continued and called the "Superior Court of Cook 
county." The General Assembly may increase the number of said 
judges, by adding one to either of said courts for every additional fifty 
thousand inhabitants in said county over and above a population of four 
hundred thousand. The terms of office of the judges of said courts, 
hereafter elected, shall be six years. 

§ 24. The judge having the shortest unexpired term shall be" chief- 
justice of the court of which he is a judge. In case there are two or 
more whose terms expire at the same time, it may be determined by lot 
which shall be chief -justice. Any judge of either of said courts shall 
have all the powers of a circuit judge, and may hold the court of which 
he is a member. Each of them may hold a different branch thereof at 
the same time. 

§ 25. The judges of the superior and circuit courts, and the State's 
attorney, in said county, shall receive the same salaries, payable out of 
the State treasury, as is or may be paid from said treasury to the circuit 
judges and State's attorneys of the State, and such further com- 
pensation, to be paid by the county of Cook, as is or may be provided 
by law. Such compensation shall not be changed during their continu- 
ance in office. 

§ 2.6. The recorder's court of the city of Chicago shall be continued, 
and shall be called the " Criminal Court of Cook county." It shall have 
the jurisdiction of a circuit court in all cases of criminal and quasi crim- 
inal nature, arising in the county of Cook, or that may be brought before 
said court pursuant to law; and all recognizances and appeals taken in 
said county, in criminal and quasi criminal cases shall be returnable and 
taken to said court. It shall have no jurisdiction in civil cases, except 
in those on behalf of the people, and incident to such criminal or quasi 
criminal matters, and to dispose of unfinished business. The terms of 
said criminal court of Cook county shall be held by one or more of the 
judges of the circuit or superior court of Cook county, as nearly as may 
be in alternation, as may be determined by said judges, or provided by 
law. Said judges shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of Chicago 
shall be the clerk of the criminal court of Cook county, during the term 
for which he was elected. The present clerks of the superior court of 
Chicago, and the present clerk of the circuit court of Cook county, shall 



182 ILLINOIS AND THE NATION. 

continue in office during the terms for which they were respectively 
elected; and thereafter there shall be but one clerk of the superior court, 
to be elected by the qualified electors of said county, who shall hold his 
ofiice for the term of four years, ^nd until his successor is elected and 
qualified. 

^ 28. All justices of the pe^ce in the city of Chicago shall be ap- 
pointed by the governor, by and with the advice and consent of the 
senate (but only upon the recommendation of a majority of the judges 
of the circuit, superior and county courts), and for such districts as are 
now or shall hereafter be provided by law. They shall hold their offi- 
ces for four years, and until their successors have been commissioned 
and qualified, but they may be removed by summary proceeding in the 
circuit or superior court, for extortion or other malfeasance. Existing 
justices of the peace and police magistrates may hold their offices until 
the expiration of their respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general, and of uniform operation; 
and the organization, jurisdiction, powers, proceedings and practice of 
all courts, of the same class or grade, so far as regulated by law, and the 
force and effect of the process, judgments and decrees of such courts, 
se.verally, shall be uniform. 

§ 30. The General Assembly may, for cause entered on the journals, 
upon due notice and opportunity of defense, remove from office any 
judge, upon concurrence of three-fourths of all the members elected, of 
each house All other officers in this article mentioned, shall be re- 
moved from office on prosecution and final conviction, for misdemeanor 
in office. 

§ 31. All judges of courts of record, inferior to the supreme court, 
shall, on or before the first day of June, of each year, report in writing to 
the judges of the supreme court, such defects and omissions in the laws 
as their experience may suggest; and the judges of the supreme court 
shall, on or before the first day of January, of each year, report in writ- 
ing to the governor such defects and omissions in the constitution and 
laws as they may find to exist, together with appropriate forms of bills to 
cure such defects and omissions in the laws. And the judges of the sev- 
eral circuit courts shall report to the next General Assembly, the number 
of days they have held court in the several counties composing their re- 
spective circuits, the preceding two years. 



APPENDIX. 183 

^ 32. All officers provided for in this article shall hold their offices 
until their successors shall 1 e qualified, and' they shall, respectively, re- 
side in the division, circuit, county or district for which they may be 
elected or appointed. The terras of office of ail such officers, where not 
otherwise prescribed in this article, shall be four years. All officers, 
where not otherwise provided for in this article, shall perform such duties 
and receive such compensation as is, or may be, provided by law. Va- 
cancies in such elective offices shall be filled by election; but where the 
unexpired term does not exceed one year, the vacancy shall be filled by 
appointment, as follows: Of judges, by the governor; of clerks of courts, 
by the court to which the office appertains, or by the judge or judges 
thereof; and of all such other offices, by the board of supervisors, or 
board of county commissioners, in the county where the vacancy occurs. 

§ 33. All process shall run: /;/ the name of the People of the State 
of Illinois; and all prosecutions shall be carried on: /;/ tlie name and by 
the atithority of the People of the State of Illinois ; and conclude: Against 
the peace and dignity of the same. " Population," wherever used in this 
article, shall be determined by the next preceding census of this State, 
or of the United States. 

ARTICLE VII. 

SUFFRAGE. 

§ I. Every person having resided in this State one year, in the 
county ninety days, and in the election district thirty days next preceding 
any election therein, who was an elector in this State on the first day of 
April, in the year of our Lord one thousand eight hundred and forty- 
eight, or obtained a certificate of naturalization, before any court of 
record in this State, prior to the first day of January, in the year of our 
Lord one thousand eight hundred and seventy, or who shall be a male 
citizen of the United States, above the age of twenty-one years, shall be 
entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach of 
the peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. And no elector shall be 
obliged to do military duty on the days of election, except in time of war 
or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on the business of the United States, or 
of this State, or in the militarv or naval service of the United States. 



184 ILLINOIS ANt) THE NATION. 

§ 5. No soldier, seaman or marine in the army or navy of the 
United States, shall be deemed a resident of this State in consequence of 
being stationed therein. 

i^ 6. No person shall be elected or appointed to any office in this 
State, civil or military, who is not a citizen of the United States, and who 
shall not have resided in this State one year next preceding the election 
or appointment. 

>:^ 7. The General Assembly shall pass laws excluding from the right 
of suffrage persons convicted of infamous cri>mes. 

ARTICLE VIII. 

EDUCATION. 

§ I, The General Assembly shall provide a thorough and efficient 
system, of free schools, whereby all children of this State may receive a 
good common school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which such 
gifts or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything in aid 
of any church or sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university, or other literary or scien- 
tific institution, controlled by any church or sectarian denomination 
whatever; nor shall any grant or donation of land, money, or other per- 
sonal property ever be made by the State, or any such public corporation, 
to any church, or for any sectarian purpose. 

§ 4. No teacher. State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, apparatus 
or furniture, used or to be used, in any school in this State, with which 
such officer or teacher may be connected, under such penalties as may be 
provided by the General Assembly, 

§ 5. There may be a county superintendent of schools in each county 
whose qualifications, powers, duties, compensation, and time and manner 
of election, and term of office, shall be prescribed by law. 

ARTICLE IX. 

REVENUE. 

§ I. The General Assembly shall provide such revenue as may be 



APPENDIX. 185 

needful by levying a tax, by valuation, so that every person and corpo- 
ration shall pay a tax in proportion to the value of his, her, or its 
property — such value to be ascertained by some person or persons, to be 
elected or appointed in such •manner as the General Assembly shall direct, 
and not otherwise; but the General Assembly shall have power to tax 
peddlers, auctioneers, brokers, hawkers merchants, commission merchants, 
showmen, jugglers, inn-keepers, grocery-keepers, liquor-dealers, toll- 
bridges, ferries, insurance, telegraph and express interests or business, 
venders of patents, and persons or corporations owning or using fran- 
chises and privileges, in such manner as it shall, from time to time, direct 
by general law, uniform as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation shall 
not deprive the General Assembly of the power to require other subjects 
or objects to be taxed, in such manner as may be consistent with the 
principles of taxation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal cor- 
porations, both >eal and personal, and such other property, as may be 
used exclusively for agricultural and horticultural societies, for school, 
religious, cemetery and charitable purposes, may be exempted from tax- 
ation; but such exemption shall be only by general law. In the assess- 
ment of real estate incumbered by public easement, any depreciation 
occasioned by such easement may be deducted in the valuation of such 
property. 

§ 4. The Genti^al Assembly shall provide, in all cases where it may 
be necessary to sell real estate for the non-payment of taxes or special 
assessments, for Stace, county, municipal, or other purposes, that a return 
of such unpaid taxes or assessments shall be made to some general ofticer 
of the county, having authority to receive State and county taxes; and 
there shall be no sale of said property for any of said taxes or assess- 
ments but by said officer, upon the order or judgment of some court of 
record. 

§ 5 . The right of redemption from all sales of real estate, for the 
non-payment of taxes or special assessments of any character, whatever, 
shall exist in favor of owners and persons interested in such real estate, 
for a period of not less than two years from such sales thereof. And 
the General Assembly shall provide, by law, for reasonable notice to be 
given to the owneis or parties interested, by publication or otherwise, of 
the fact of the sale of the property for such taxes or assessments, and 
when the time of redemption shall expire: Provided, that occupants 
shall in all cases be served with personal notice before the time of re- 
demption expires. 



loD ILLINOIS AND THE NATION. 

§ 6. The General Assembly shall have no power to release or dis- 
charge any county, city, township, town or district, whatever, or the 
inhabitants thereof, or the property therein, from their or its proportion- 
ate share of taxes to be levied for State purposes, nor shall commutation 
for such taxes be authorized in any form whatsoever. 

§ 7. All taxes levied for State purposes shall be paid into the State 
treasury. 

i^ 8. County authorities shall never assess taxes, the aggregate of 
which shall exceed seventy-five cents per one hundred dollars' valuation, 
except for the payment of indebtedness existing at the adoption of this 
constitution, unless authorized by a vote of the people of the county. 

§ 9. The General Assembly may vest the corporate authorities of 
cities, towns, and villages, with power to make local improvements by 
special assessment or by special taxation of contiguous property, or 
otherwise. For all other corporate purposes, all municipal corporations 
may be vested with authority to assess and collect taxes; but such taxes 
shall be uniform in respect to persons and property, within the jurisdic- 
tion of the body imposing the same. 

^ 10, The General Assembly shall not impose taxes upon municipal 
corporations, or the inhabitants or property thereof, for corporate pur- 
poses, but shall require that all the taxable property within the limits of 
municipal corporations shall be taxed for the payment of debts contracted 
under authority of law, such taxes to be uniform in respect to persons 
and property, within the jurisdiction of the body imposing the same. 
Private property shall not be liable to be taken or sold for the payment 
of the corporate debts of a municipal corporation. 

§ II. No person who is in default, as collector or custodian of 
money. or property belonging to a municipal corporation, shall be eligible 
to any ofhce in or under such corporation. The fees, salary or compen- 
sation of no municipal officer who is elected or appointed for a definite 
term of office, shall be increased or diminished during such term. 

^12. No county, city, township, school district, or other municipal 
corporation, shall be allowed to becom.e indebted in any manner or for 
any purpose, to an amount, including existing indebtedness, in the ag- 
gregate exceeding five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for State and county 
taxes, previous to the incurring of such indebtedness. Any county, 
city, school district, or other municipal corporation, incurring any indebt- 
edness as aforesaid, shall before, or at the time of doing so, provide 
for the collection of a direct annual tax sufficient to pay the interest oa 



APPENDIX. 187 

such debt, as it falls due, and also to pay and discharge the principal 
thereof within twenty years from the time of contracting the same. 
This section shall not be construed to prevent any county, city, town- 
ship, school district, or other municipal corporation, from issuing their 
bonds in compliance with any vote of the people which may have been 
had prior to the adoption of this constitution in pursuance of any law 
providing therefor. 

ARTICLE X. 

COUNTIES. 

§ I, No new county shall be formed or established by the General 
Assembly, which will reduce the county or counties, or either of them, 
from which it shall be taken, to less contents than four hundred square 
miles; nor shall any county be formed of less contents; nor shall any 
line thereof pass within less than ten miles of any county seat of the 
county or counties proposed to be divided. , 

>^ 2. No county shall be divided, or have any part stricken there- 
from, without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county, voting 
on the question, shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless a 
majority of the voters living in such territory, shall petition for such di- 
vision; and no territory shall be added to any county without the consent 
of the majority of the voters of the county to which it is proposed to be 
added. But the portion so stricken off and added to another county, 
or formed in whole or in part into a new county, shall be holden for, and 
'obliged to pay its proportion of the indebtedness of the county from 
which it has been taken. 

COUNTY SE.A.TS. 

§ 4. No county seat shall be removed until the point to which it is 
proposed to be removed shall be fixed in pursuance of law, and three-fifths 
of the voters of the county, to be ascertained in such manner as shall be 
provided by general law. shall have voted in favor of its removal to such 
point; and no person shall vote on such question who has not resided in 
the county six months, and in the election precinct ninety days next pre- 
ceding such election. The question of jhe removal of a county seat shall 
not be oftener submitted than once in ten years, to a vote of the people. 
But when an attempt is made to remove a county seat to a point nearer 
to the center of a county, then a majority vote only shall be necessary. 



1B8 ILLINOIS AND THE NATION. 

COUNTY GOVERNMENT. 

§ 5. The General Assembly shall provide, by general law, for tovvn^ 
ship organization, under which any county may organize whenever a ma- 
jority of the legal voters of such county, voting at any general election. 
shall so determine, and whenever any county shall adopt township or- 
ganization, so much of this constitution as provides for the management 
of the fiscal concerns of the said county by the board of county commis- 
sioners, may be dispensed with, and the affairs of said county may be 
transacted in such manner as the General Assembly may provide. And 
in any county that shall have adopted a township organization, the ques- 
tion of continuing the same may be submitted to a vote of the electors 
of such county, at a general election, in the manner that now is or may 
be provided by law; and if a majority of all the votes cast upon that 
question shall be against township organization, then such organizatior 
shall cease in said county; and^all laws in force in relation to counties 
not having township organization, shall immediately take effect and be in 
force in such county. No two townships shall have the same name, and 
the day of holding the annual township meeting shall be uniform 
throughout the State. 

§ 6. At the first election of county judges under this constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled " The board of 
county commissioners," who shall hold sessions for the transaction of 
county business as shall be provided by law. One of said commissioners 
shall hold his office for one year, one for two years, and one for three 
years, to be determined by lot; and every year thereafter one such officer 
shall be elected in each of said counties for the term of three years. 

^ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fifteen persons, ten of whom shall be elected 
from the city of Chicago, and five from towns outside of said city, in such 
manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

*§ 8. In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after the first 
Monday in November, A. D. 1S82: A county judge, county clerk, 
sheriff, and treasurer, and at the election to be held on the Tuesday after 
the first Monday in November, A. D. 1884, a coroner and clerk oi 
the circuit court (who may be ex-officio recorder of deeds, except in 

*As amended in 1880. 



APPENDIX. ' 189 

counties having 60,000 and more inhabitants, in which counties a re- 
corder of deeds shall be elected at the general election in 1884.) Each 
of said officers shall enter upon the duties of his office, respectively, 
on the first Monday of December after his election, and they shall 
hold their respective offices for the term of four years, and until their 
successors are elected and qualified: Provided, that no person having 
once been elected to the office of sheriff or treasurer shall be eligible to 
re-election to said office for four years after the expiration of the term fof 
which he shall have been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder of deeds of Cook county, shall receive as their only 
compensation for their services, salaries to be fixed by law, which shall 
in no case be as much as the lawful compensation of a judge of the cir- 
cuit court of said county, and shall be paid, respectively, only out of the 
fees of the office actually collected. All fees, perquisites and emolu- 
ments (above the amounts of said salaries) shall be paid into the county 
treasury. The number of the deputies and assistants of such officers 
shall be determined by rule of the circuit court, to be entered of record, 
and their compensation shall be determined by the county board. 

§ 10. The county board, except as provided in section nine of this 
article, shall fix the compensation of all county officers, with the amount 
of their necessary clerk hire, stationery, fuel and other expenses, and in 
all cases where fees are provided for, said compensation shall be paid 
only out of, and shall in no instance exceed, the fees actually collected, 
they shall not allow either of them more per annum than fifteen hundred 
dollars, in counties not exceeding twenty thousand inhabitants; two 
thousand dollars, in counties containing twenty thousand and not exceed- 
ing thirty thousand inhabitants; twenty-five hundred dollars, in counties 
containing thirty thousand and not exceeding fifty thousand inhabitants; 
three thousand dollars, in counties containing fifty thousand and not ex- 
ceeding seventy thousand inhabitants; thirty-five hundred dollars, in 
counties containing seventy thousand and not exceeding one hundred 
thousand inhabitants; and four thousand dollars, in counties containing 
one hundred thousand and not exceeding two hundred and fifty thousand 
inhabitants; and not more than one thousand dollars additional compen- 
sation for each additional one hundred thousand inhabitants. Provided, 
that the compensation of no officer shall be increased or diminished dur- 
ing his term of office. All fees or allowances by them received, in excess 
of their said compensation, shall be paid into t^e :;ounty treasury. 

§ II. The fees of township officers, and of each class of county 

13 



190 ILLINOIS AND THE NATION. 

officers, shall be uniform in the class of counties to which they respect- 
ively belong. The compensation herein provided for shall apply only to 
officers hereafter elected, but all fees established by special laws shall 
cease at the adoption of this constitution, and such officers shall receive 
only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township offi- 
cers, shall terminate with the terms respectively of those who may be in 
office at the meeting of the first General Assembly after the adoption of 
this constitution ; and the General Assembly shall, by general law, uni- 
form in its operation, provide for and regulate the fees of said officers 
and their successors, so as to reduce the same to a reasonable compensa- 
tion for services actually rendered. But the General Assembly may, by 
general law, classify the counties by population into not more than three 
classes, and regulate the fees according to class. This article shall not 
be construed as depriving the General Assembly of the power to reduce 
the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office in this 
State, who shall be paid in whole or in part by fees, shall be required by 
law to make a semi-annual report, under oath, to some officer to be des- 
ignated by law, of all his fees and emoluments. 

ARTICLE XI. 

CORPORATIONS. 

§ I. No corporation shall be created by special laws, or its charter 
extended, changed, or amended, except those for charitable, educational, 
penal or reformatory purposes, which are to be and remain under the 
patronage and control of the State, but the General Assembly shall pro- 
vide, by general laws, for the organization of all corporations hereafter 
to be created. 

§ 2. All existing charters or grants of special or exclusive privi- 
leges, under which organization shall not have taken place, or which 
shall not have been in operation within ten days from the time this con- 
stitution takes effect, shall thereafter have no validity or effect whatever. 

§ 3. The General Assembly shall provide, by law, that in all elec- 
tions for directors or managers of incorporated companies, every stock- 
holder shall have the right to vote, in person or by proxy, for the 
number of shares of stock owned by him, for as many persons as there 
are directors and managers to be elected, or to cumulate said shares, 
and give one candidate as many votes as the number of directors multi- 
plied by the number of his shares of stock, shall equal, or distribute them 



APPENDIX. 19t 

on the same principle among as many candidates as he shall think ht; 
and such directors or managers shall not be elected in any other manner. 
§ 4. No law shall be passed by the General x\ssemblv, granting the 
right to construct and operate a street railroad within any city, town, or 
incorporated village, without requiring the consent of -the local authori- 
ties having the control of the street or highway proposed to be occupied 
by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation or joint stock company 
or association for banking purposes, now created, or to be hereafter cre- 
ated. No act of the General Assembly authorizing or creating corpo- 
rations or associations, with banking powers, whether of issue, depositor 
discount, nor amendments thereto, shall go into effect, or in any manner 
be in force, unless the same shall be submitted to a vote of the people at 
the general election next succeeding the passage of the same, and be 
approved by a majority of all the votes cast at such an election for or 
against such law. 

§ 6. Every stockholder in a banking corporation or institution shall 
be individually responsible and liable to its creditors, over and above the 
amount of stock by him or her held, to an amount equal to his or her 
respective shares so held, for all its liabilities accruing while he or she 
remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, on 
their circulation, created by the laws of this State, shall never be permit- 
ted or sanctioned. Every banking association now, or which may here- 
after be, organized under the laws of this State, shall make and publish 
a full and accurate quarterly statement of its affairs (which shall be cer- 
tified to, under oath, by one or more of its officers), as may be provided 
by law. 

§ 8. If a general banking law shall be enacted, it shall provide for 
the registry and countersigning, by an ofhcer of State, of all bills or 
paper credit, designed to circulate as money, and require security, to the 
full amount thereof, to be deposited with the State treasurer, in United 
States or Illinois State stocks, to be rated at ten per cent, below their 
par value; and in case of a depreciation of said stocks to the amount of 
ten per cent, below par, the bank or banks owning said stocks shall be 
required to make up said deficiency, by depositing additional stocks. 
And said law shall also provide for the recording of the names of all 
stockholders in such corporation, the amount of stock held by each, the 
time of any transfer thereof, and to whom such transfer is made. 



192 



ILLINOIS AND THE NATION. 



RAILROADS. 



§ 9. Every railroad corporation organized or doing business in this 
State, under the laws or authority thereof, shall have and maintain a pub- 
lic office or place in this State for the transaction of its business, where 
transfers of stock shall be made and in which shall be kept, for public 
inspection, books, in which shall be recorded the amount of capital stock 
subscribed, and by whom; the names of the owners of its stock, and 
the amounts owned by them respectively; the amount of stock paid in, 
and by whom; the transfers of said stock; the amount of its assets and 
liabilities, and the names and place of residence of its officers. The di- 
rectors of every railway corporation shall, annually, make a report, under 
oath, to the auditor of public accounts, or some officer to be designated 
by law, of all their acts and doings, which report shall include such mat- 
ters relating to railroads as may be prescribed by law. And the General 
Assembly shall pass laws enforcing by suitable penalties the provisions of 
this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be considered 
personal property, and shall be liable to execution and sale in the same 
manner as the personal property of individuals, and the General Assem- 
bly shall pass no law exempting any such property from execution and 
sale. 

'§ II. No railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel or 
competing line; and in no case shall any consolidation take place except 
upon public notice given, of at least sixty days, to all stockholders, in 
such manner as may be provided by law. A majority of the directors of 
any railroad corporation, now incorporated or hereafter to be incorpora- 
ted by the laws of this State, shall be citizens and residents of this State. 

§ 12. Railways heretofore constructed or that may hereafter be con- 
structed in this State, are hereby declared public highways, and shall be 
free to all persons, for the transportation of their persons and property 
thereon, under such regulations as may be prescribed by law. And 
the General Assembly shall, from time to time, pass laws establishing 
reasonable maximum rates of charges for the transportation of passen- 
gers and freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock or bonds, except 
for money, labor or property, actually received, and applied to the pur- 
pose for which such corporation was created; and all stock dividends, and 
other fictitious increase of capital stock or indebtedness of any such cor- 



APPENDIX. 198 

poration, shall be void. The capital stock of no railroad corporation 
shall be increased for any purpose, except upon giving sixty days' public 
notice, in such manner as may be provided by law. 

§ 14. The exercise of the power, and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, by the 
General Assembly, of the property and franchises of incorporated com- 
panies already organized, and subjecting them to the public necessity the 
same as of individuals. The right of trial by jury shall be held inviol te 
in all trials of claims for compensation, when, in the exercise of the 
said right of eminent domain, any incorporated company shall be inter- 
ested either for or against the exercise of said right. 

§ 15. The General Assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in the rates of freight and 
passenger tariffs on the different railroads in this State, and enforce 
such laws, by adequate penalties, to the extent, if necessary for that 
purpose, of forfeiture of their property and franchises. 

ARTICLE XII. 



§ I. The militia of the State of Illinois shall consist of all able 
bodied male persons, resident in the State, between the age-; of eighteen 
and forty-five, except such persons as now are, or hereafter may be, 
exempted by the laws of the United States, or of this State. 

§ 2. The General Assembly, in providing for the organization, 
equipment and discipline of the militia, shall conform as nearly as prac- 
ticable to the regulations for the government of the armies of the United 
States. 

§ 3. All militia officers shall be commissioned by the governor, and 
may hold their commissions for such time as the General Assembly may 
provide. 

§ 4. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during <;heir attendance at 
musters and elections, and in going to and returning from the same. 

§ 5. The military records, banners and relics of the State shall be 
preserved as an enduring memorial of the patriotism and valor of Illinois, 
and it shall be the duty of the General Assembly to provide by law for 
the safe keeping of the same, 

§ 6. No person having conscientious scruples against bearing arms, 
shall be compelled to do militia duty in time of peace. Provided^ such 
person shall pay an equivalent for such exemption. 



194 ILLINOIS AND THE NATION. 

ARTICLE XIII. 

WAREHOUSES. 

§ I. All elevators or storehouses where grain or other property Is 
stored for a compensation, whether the property stored be kept separate 
or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every public ware- 
house situated in any town or city of not less than one hundred thousand 
inhabitants, shall make weekly statements under oath, before some officer 
to be designated by law, and keep the same posted in some conspicuous 
place in the office of such warehouse, and shall also file a copy for public 
examination in such place as shall be designated by law, which state- 
ment shall correctly set forth the amount and grade of each and every 
kind of grain in such warehouse, together with such other property as 
may be stored therein, and what warehouse receipts have been issued, 
and are, at the time of making such statement, outstanding therefor; 
and shall, on the copy posted in the warehouse, note daily such changes 
as may be made in the quantity and grade of grain in such warehouse; 
and the c":ifferent grades of grain shipped in separate lots, shall not be 
mixed with inferior or superior grades, without the consent of the 
owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder of 
a receipt for the same, shall always be at liberty to examine such prop- 
erty stored, and all the books and records of the warehouse, in regard to 
such property. 

§ 4, All railroad companies and other common carriers on railroads 
shall weigh or measuie grain at points where it is shipped, and receipt 
for the full amount, and shall be responsible for the delivery of such 
amount to the owner or consignee thereof, at the place of destination. 

§ 5. All railroad companies receiving and transporting grain in bulk 
or otherwise, shall deliver the same to any consignee thereof, or any 
elevator or public warehouse to which it may be consigned, provided 
such consignee or the elevator or public warehouse can be reached by any 
track owned, leased or used, or which can Se used, by such railroad 
companies; and all railroad companies shall permit connections to be 
made with their track, so that any such consignee, and any public ware- 
house, coal bank or coal yard, may be reached by the cars on said 
railroad. 

§ 6. It shall be the duty of the General Assembly to pass all neces- 
sary laws to prevent the issue of false and fraudulent warehouse receipts, 
and to give full effect to this article of the constitution, which shall be 



APPENDIX. 196 

liberally construed so as to protect producers and shippers. And the 
enumeration of the remedies herein named shall not be construed to 
deny to the General Assembly the power to prescribe by law such other 
and further remedies as may be found expedient, or to deprive any per- 
son of existing common law remedies. 

§ 7. The General Assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers and receivers of grain 
and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION, 

§ I. "Whenever two-thirds of the members of each house of the Gen- 
eral Assembly shall, by a vote entered upon the journals thereof, concur 
that a convention is necessary to revise, alter or amend the constitution, 
the question shall be submitted to the electors at the next general elec- 
tion. If a majority voting at the election vote for a convention, the 
General Assembly shall, at the next session, provide for a convention, to 
consist of double the number of members of the senate, to be elected in 
same manner, at the same places, and in the same districts. The Gen- 
eral Assembly shall, in the act calling the convention, designate the day, 
hour and place of its meeting, fixing the pay of its members and officers, 
and provide for the payment of the same, together with the expenses 
necessarily incurred by the convention in the performance of its duties. 
Before proceeding, the members shall take an oath to support the consti- 
tution of the United States, and of the State of Illinois, and to faithfully 
discharge their duties as members of the convention. The qualification 
of members shall be the same as that of members of the senate, and 
vacancies occurring shall be filled in the manner provided for filling 
vacancies in the General Assembly. Said convention shall meet within 
three months after such election, and prepare such revision, alteration 
or amendments of the constitution as shall be deemed necessary, which 
shall be submitted to the electors for their ratification or rejection, at an 
election appointed by the convention for that purpose, not less than two 
nor more than six months after the adjournment thereof; and unless so 
submitted and approved, by a majority of the electors voting at the 
election, no such revision, alteration or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the General Assembly, and if the same shall be voted- for by 
two-thirds of all the members elected to each of the two houses, such 
proposed amendments, together with the yeas and nays of each house 
thereon, shall be entered in full on their respective journals, and said 



196 ILLINOIS AND THE NATION. 

amendments shall be submitted to the electors of this State for adoption 
or rejection, at the next election of members of the General Assembly, in 
such manner as may be prescribed by law. The proposed amendments 
shall be published in full at least three months preceding the election, 
and if a majority of the electors voting at said election shall vote for the 
proposed amendments, they shall become a part of this constitution. 
But the General Assembly shall have no power to propose amendments 
to more than one article of this constitution at the same session, nor to 
the same article oftener than once in four years. 

SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

No contract, obligation or liability whatever, of the Illinois Central 
Railroad Company, to pay any money into the State treasury, nor any 
lien of the State upon, or right to tax property of said company, in 
accordance with the provisions or the charter of said company, approved 
February tenth, in the year of our Lord one thousand eight hundred and 
fifty-one, shall ever be released, suspended, modified, altered, remitted, 
or in any manner diminished or impaired by legislative or other authority; 
and all moneys derived from said company, after the payment of the 
State debt, shall be appropriated and set apart for the payment of the 
ordinary expenses of the State government, and for no other purposes 
whatever. 

MINORITY REPRESENTATION. 

(See Sections 7 and 8, Article 4.) 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private corpora- 
tion, or make donation to or loan its credit in aid of such corporation. 
Provided^ however, that the adoption of this article shall not be construed 
as affecting the right of any such municipality to make such subscriptions 
where the same have been authorized, under existing laws, by a vote of 
the people of such municipalities prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have been 
submitted to a vote of the people of the State, at a general election, and 
have been approved by a majority of all the votes polled at such election. 



APPENDIX. 197 

The General Assembly shall never loan the credit of the State, or make 
appropriations from the treasury thereof, in aid of railroads or canals. 
Provided^ that any surplus earnings of any canal may be appropriated 
for its enlargement or extension. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same into 
complete effect, it is hereby ordained and declared : 

§ I. That all laws in force at the adoption of this constitution, not 
inconsistent therewith, and all rights, actions, prosecutions, claims and 
contracts of this State, individuals, or bodies corporate, shall continue to 
be as valid as if this constitution had not been adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and owing 
to the State of Illinois under the present constitution and laws, shall 
inure to the use of the people of the State of Illinois, under this con- 
stitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to the 
people of the State of Illinois, to any State or county officer or public 
body, shall remain binding and valid; and rights and liabilities upon the 
same shall continue, and all crimes and misdemeanors shall be tried and 
punished as though no change had been made in the constitution of this 
State. 

§ 4. County courts for the transaction of county business in coun- 
ties not having adopted township organization, shall continue in existence, 
and exercise their present jurisdiction until the board of county commis- 
sioners provided in this constitution, is organized in pursuance of an act 
of the General Assembly; and the county courts in all other counties 
shall have the same power and jurisdiction they now possess until other- 
wise provided by law, 

§ 5. All existing courts which are not in this constitution specifically 
enumerated, shall continue in existence and exercise their present juris- 
diction until otherwise provided by law. 

§ 6. AH persons now filling any office or appointment shall con- 
tinue in the exercise of the duties thereof according to their respective 
commissions or appointments, unless by this constitution it is otherwise 
directed. 

[Sections 7 to 17, both inclusive, providing for the submission of this constitu- 
tion and voting thereon, by the people, become inoperative by the adoption of this 
constitution.] 



198 ILLINOIS AND THE NATION. 

§ 7. On the day this constitution is submitted to the people for rati- 
fication, an election shall be held for judges of the supreme court in the 
second, third, sixth and seventh judicial election districts designated in 
this constitution, and for the election of three judges of the circuit court 
in the county of Cook, as provided for in the article of this constitution 
relating to the judiciary, at which election every person entitled to vote, 
according to the terms of this constitution, shall be allowed to vote, and 
the election shall be otherwise conducted, returns made, and certificates 
issued, in accordance with existing laws, except that no registry shall be 
required at said election. Provided, that at said election in the county 
of Cook no elector shall vote for more than two candidates for circuit 
judge. If, upon canvassing the votes for and against the adoption of 
this constitution, it shall appear that there has been polled a greater 
number of votes against than for it, then no certificates of election shall 
be issued for any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the State 
of Illinois for adoption or rejection at an election to be held on the first 
Saturday in July, in the year of our Lord one thousand eight hundred 
and seventy, and there shall be separately submitted at the same time, 
for adoption or rejection, sections nine, ten, eleven, twelve, thirteen, 
fourteen and fifteen relating to railroads, in the article entitled "Cor- 
porations," the article entitled "Counties," the article entitled "Ware- 
hguses," the question of requiring a three-fifths vote to remove a county 
seat, the section relating to the Illinois Central Railroad, the section in 
relation to minority representation, the section relating to municipal 
subscriptions to railroads or private corporations, and the section relating 
to the canal. Every person entitled to vote under the provisions of this 
constitution, as defined in the article in relation to suffrage, shall be en- 
titled to vote for the adoption or rejection of this constitution, and for or 
against the articles, sections and questions aforesaid, separately submitted, 
and the said qualified electors shall vote at the usual places of voting, 
unless otherwise provided; and the said election shall be conducted, and 
returns thereof made, according to the laws now in force regulating gen- 
eral elections, except that no registry shall be required at said election. 
Provided, however, that the polls shall be kept open for the reception of 
ballots until sunset of said day of election. 

§ 9. The secretary of State shall, at least twenty days before said 
election, cause to be delivered to the county clerk of each county, blank 
poll books, tally-lists, and forms of return, and twice the number of 
properly-prepared printed ballots for the said election that there arc voters 



APPENDIX. 199 

m such county, the expense whereof shall be audited and paid as other 
public printing ordered by the secretary of State is, by law, required to 
be audited and paid, and the several county clerks shall, at least five days 
before said election, cause to be distributed to the board of election, in 
each election district hi their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets. 

§ lo. At the said election the ballots shall be in the following form: 

NEW CONSTITUTION TICKET. 

For all the propositions on this ticket w'hich are not canceled with 
ink or pencil, and against all propositions which are so canceled. 

For the new constitution. 

For the sections relating to railroads in the article entitled "Corpor- 
ations." 

For the article entitled "Counties," 

For the article entitled "Warehouses." 

P'or a three-fifths vote to remove county seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads or 
private corporations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each proposi- 
tion thereon not canceled with ink or pencil, and against each proposi- 
tion so canceled, and returns thereof shall be made accordingly by the 
judges of election. 

^ II. The returns of the whole vote cast, and of the votes for the 
adoption or rejection of this constitution, and for or against the articles 
and sections respectively submitted, shall be made by the several county 
clerks as is now provided, by law, to the secretary of State, within 
twenty days after the election, and the returns of said votes shall, within 
five days thereafter, be examined and canvassed .by the auditor, treasurer 
and secretary of State, or any two of them, in the presence of the gov- 
ernor, and proclamation shall be made by the governor forthwith of the 
result of the canvass. 

§ 12. If it shall appear that a majority of the votes polled are "for 
the new constitution," then so much of this constitution as was not sep- 
arately submitted to be voted on by articles and sections, shall be the 
supreme law of the State of Illinois, on and after Monday, the eighth day 
of August, in the year of our Lord one thousand eight hundred and 



200 ILLINOIS AND THE NATION, 

seventy; but if it shall appear that a majority of the votes polled were 
"against the new constitution," then so much thereof as was not sep- 
arately submitted to be voted on by articles and sections, shall be null 
and void. 

If it shall appear that a majority of the votes polled are "for the sec- 
tions relating to railroads in the article entitled 'Corporations,'" sections 
nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to rail- 
roads in the said article, shall be part of the constitution of this State ; 
but if a majority of said votes are against such sections, they shall be 
null and void. If a majority of the votes polled are "for the article en- 
titled 'Counties,'" such article shall be a part of the constitution of this 
State, and shall be substituted for article seven, in the present constitu- 
tion entitled "Counties;" but if a majority of said votes are against such 
article, the same shall be null and void. If a majority of the votes polled 
are "for the article entitled 'Warehouses,'" such article shall be a part of 
the constitution of this State; but if a majority of the votes are against 
said article, the same shall be null and void. If a majority of the votes 
polled are for either of the sections separately submitted, relating respect- 
ively to the "Illinois Central Railroad, ""minority representation," "mun- 
icipal subscriptions to railroads or private corporations, "and the "canal," 
then such of said sections as shall receive such majority, shall be apart of 
the constitution of this State; but each of said sections so separately 
submitted, against which respectively there shall be a majority of the 
votes polled, shall be null and void. Provided, that the section relating 
to "minority representation" shall not be declared adopted unless the 
portion of the constitution not separately submitted to be voted on by 
articles and sections shall be adopted; and in case said section relating to 
"minority representation" shall become a portion of the constitution, it 
shall be substituted for sections seven and eight of the legislative article. 
If a majority of the votes cast at such election shall be for a three fifths 
vote to remove a county seat, then the words "a majority" shall be 
stricken out of section four of the article on Counties, and the words 
"three-fifths" shall be inserted in lieu thereof, and the following words 
shall be added to said section, to wit: ' But when an attempt is made to 
remove a county seat to a point nearer to the center of a county, then a 
majority vote only shall be necessary," If the foregoing proposition 
shall not receive a majority of the votes, as aforesaid, then the same 
shall have no effect whatever. 

§ 13. Immediately after the adoption of this constitution, the gover- 
nor and secretary of State shall proceed to ascertain and fix the apportion- 



APPENDIX. 201 

ment of the State for members of the First House of Representatives 
under this constitution. The apportionment shall be based upon the fed- 
eral census of the year of our Lord one thousand eight hundred and 
seventy, of the State of Illinois, and shall be made strictly in accordance 
with the rules and principles announced in the article on the legislative 
department of this constitution. Provided, that in case the federal census 
aforesaid cannot be ascertained prior to Friday, the twenty-third day of 
September, in the year of our Lord one thousand eight hundred and 
seventy, then the said apportionment shall be based on the State census 
of the year of our Lord one thousand eight hundred and sixty-five, in ac- 
cordance with the rules and principles aforesaid. The governor shall on 
or before Wednesday, the twenty-eighth day of September, in the year 
of our Lord one thousand eight hundred and seventy, make official an- 
nouncement of said apportionment, under the great seal of the State; 
and one hundred copies thereof, duly certified, shall be forthwith trans- 
mitted by the secretary of State to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered by the secretary of 
State, commencing wiih Alexander county as number one, and proceed- 
ing then northwardly through the State, and terminating with the county 
of Cook, but no county shall be numbered as more than one district, ex- 
cept the county of Cook, which shall constitute three districts, each em- 
bracing the territory contained in the now existing representative dis- 
tricts of said county. And on the Tuesday after the first Monday in 
November, in the year of our Lord one thousand eight hundred and 
seventy, the members of the first House of Representatives under this 
constitution shall be elected according to the apportionment fixed and 
announced as aforesaid, and shall hold their offices for two years, and 
until their successors shall be elected and qualified. 

§ 15. The Senate, at its first session under this constitution, shall 
consist of fifty members, to be chosen as follows : At the general elec- 
tion held on the first Tuesday after the first Monday of November, in 
the year of our Lord one thousand eight hundred and seventy, two sena- 
tors shall be elected in districts where the term of senators expires on the 
first Monday of January, in the year of our Lord one thousand eight 
hundred and seventy-one, or where there shall be a vacancy, and ia the 
remaining districts one senator shall be elected. Senators so selected 
shall hold their office two years. 

§ 16. The General Assembly, at its first session held after the adop- 
tion of this constitution, shall proceed to apportion the State for mem- 
bers of the Senate and House of Representatives, in accordance with the 
provisions of the article on the Legislative department. 



202 ILLINOIS AND THE NATION, 

§ 17. When this constitution shall be ratified by the people, the 
governor shall forthwith, after having ascertained the fact, issue writs ol 
election to the sheriffs of the several counties of this State, or in case ol 
vacancies, to the coroners, for the election of all the officers, the time o{ 
whose election is fixed by this constitution or schedule, and it shall be the 
duty of such sheriffs or coroners to give such notice of the time and 
place of said election as is now prescribed by law. 

§ 18. All laws of the State of Illinois, and all official writings, and 
the executive, legislative and judicial proceedings shall be conducted, 
preserved and published in no other than the English language. 

§ 19. The General Assembly shall pass all laws necessary to carry 
into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties, having a popula- 
tion over sixty thousand, shall continue to be recorders {ex-ojfficio) for 
their respective counties, under this constitution, until the expiration of 
their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, in 
lieu of any salary provided for in this constitution, receive the compensa- 
tion now provided by law until the adjournment of the first session of 
the General Assembly after the adoption of this constitution. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise provided 
by law. 

§ 23. When this constitution shall be adopted, and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided to be 
annually assessed and collected upon each dollar's worth of taxable prop- 
erty, in addition to all other taxes, as set forth in article fifteen of the 
now existing constitution, shall cease to be assessed after the year of our 
Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be so construed 
as to deprive the General Assembly of power to authorize the city of 
Quincy to create any indebtedness for railroad or municipal purposes for 
which the people of said city shall have voted, and to which they shall 
have given, by such vote, their assent, prior to the thirteenth day of 
December, in the year of our Lord one thousand eight hundred and sixty- 
nine. Provided, that no such indebtedness, so created, shall, in any 
part thereof, be paid by the State, or from any State revenue tax or 
fund, but the same shall be paid, if at all, by the said city of Quincy 
alone, and by taxes to be levied upon the taxable properly thereof. And 
provided, furt her ^ that the General Assembly shall have no power in 



APPENDIX. 203 

the premises that it could not exercise under the present constitution of 
this State. 

§ 25. In case this constitution and the articles and sections submit- 
ted separately, be adopted, the existing constitution shall cease in all its 
provisions ; and in case this constitution be adopted, and any one or 
more of the articles or sections submitted separately be defeaied^ the 
provisions of the existing constitution, if any, on the same subject, shall 
remain in force. 

§ 26. The provisions of this constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in 
force immediately. 

Done in convention at the capitol, in the city of Springfield, on the 
thirteenth day of May, in the year of our Lord one thousand eight hun- 
dred and seventy, and of the independence of the United States of 
America the ninety- fourth. 

The following amendment was adopted in 1886 ; 

Hereafter, it shall be unlawful for the commissioners of any peniten- 
tiary, or other reformatory institution in the State of Illinois, to let by 
contract to any person or persons, or corporations, the labor of any 
convict confined within said institution. 



CONSTITUTION OF THE UNITED STATES. 



[Went into Operation on the first Wednesday in March, 1789.] 

PREAMBLE. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

OF THE LEGISLATIVE POWER. 

§ I, All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House 
of Representatives. 

OF THE HOUSE OF REPRESENTATIVES. 

§ 2. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the 
electors in each State shall have the qualifications requisite for electors 
of the most numerous branch of the State Legislature- 
No person shall be a Representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State 
in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 

(204) 



CONSTITUTION OF THE UNITED STATES. 205 

whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of Representatives shall not exceed one for evc;ry thirty 
thousand, but each State shall have at least one Representative; and, 
until such enumeration shall be made, the State of New Hampshire shall 
be entitled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five. New York six. New Jersey 
four, Pennsylvania eight, Delawari-e one, Maryland six, Virginia ten, 
North Carolina five. South Carolina five, and Georgia three. 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their speaker and other 
o£&cers; and shall have the sole power of impeachment. 

OF THE SENATE, 

^ 3, The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for six 
^^ars; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, thty shall be divided as equally as may be into three classes. 
The seats of the Seiiators of the first class shall be vacated at the expi- 
ration of the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year; and if vacancies happen 
by resignation, or otherwise, during the recess of the Legislature of any 
State, the executive thereof may make temporary appointments until 
the next meeting of the legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State for which he 
shall be chosen. 

The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they shall be equally divided. 

The Senate shall choose their other officers, and shall have a Presi- 
dent /r^ /^w/^r if, in the absence of the Vice-President, or when he shall 
exercise the of&ce of President of the United States. 
14 



206 APPENDIX. 

The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall preside; 
and no person shall be convicted without the concurrence of two-thirds 
of the members present. 

Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit, under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment 
and punishment according to law. 

MANNER OF ELECTING MEMBERS. 

§ 4. The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the Legislature 
thereof; but the Congress may at any time, by law, make or alter such 
regulations, except as to the places of choosing Senators. 

CONGRESS TO ASSEMBLE ANNUALLY. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

POWERS, 

§ 5. Each house shall be ,the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall consti- 
tute a quorum to do business; but a smaller number may adjourn from 
day to day, and may be authorized to compel -the attendance of absent 
members, in such manner, and under such penalties, as each house may 
provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time ta 
time publish the same, excepting such parts as may, in their judgment, 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be 
entered on the journal. 

Neither house, during the session of Congress, shall, without consent 
of the other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 



CONSTITUTION OF THE UNITED STATES. 207 

COMPENSATION, ETC., OF MEMBERS. 

P 6. The Senators and Representatives shall receive a compensa. 
tfon, for their services, to be ascertained by law, and paid out of the 
Treasury of the United States. They shall in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No Senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments where- 
of shall have been increased during such time; and no person holding 
any office under the United States, shall be a member of either house 
during his continuance in office. 

MANNER OF PASSING BILLS, ETC. 

§ 7. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with amend- 
ments as on other bills. 

Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it becomes a law, be presented to the President 
of the United States; if he approve he shall sign it, but if not he shall 
return it, with his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, two-thirds of that 
house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the Sen- 
ate and House of Re; resentatives may be necessary (except on a ques- 
tion of adjournment), shall be presented to the President of the United 
States; and before the same shall take effect, shall be approved by him, 
or being disapproved by him, shall be repassed by two-thirds of the 
Senate and House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 



208 



APPENDIX. 



POWER OF CONGRESS. 

§ 8. The Congress shall have power to lay and collect taxes, duties, 
imposts and excises, to pay the debts and provide for the common de^ 
fense and general welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several 
States, and with the Indian Tribes; 

To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their re- 
spective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water ; 

To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land and 
naval forces; 

To provide for calHng forth the militia to execute the laws of the 
Union; suppress insurrections and repel invasions; • 

To provide for organizing, arming and disciplining the militia, and 
for governing such part of them as may be employed in the service of 
the United States, reserving to the States respectively the appointment 
of the officers, and the authority of training the militia according to the 
discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
States, and the acceptance of Congress, become the seat of the govern- 
ment of the United States, and to exercise like authority over all places 
purchased by the consent of the Legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, dockyards 
and other needful buildings; and 



CONSTITUTION OF THiE UNITED STATES. 209 

To make all laws which shall be necessary and proper for carr3ring 
into execution the foregoing powers, and all other powders vested by this 
Constitution in the government of the United States, or in any depart- 
ment or officer thereof. 

LIMITATION OF THE POWER OF CONGRESS. 

§ 9. The migration or importation of such -persons as any of the 
States now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and 
eight, but a tax or duty may be imposed on such importation, not ex- 
ceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or rev- 
enue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear or pay duties 
in another. 

No money shall be drawn from the treasury, but in consequence of 
appropriations made by law; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

No title of nobihty shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present, emolument, office or 
title, of any kind whatever, from any king, prince or foreign State. 
LIMITATION OF THE POWERS OF THE INDIVIDUAL STATES. 

§ 10. No State shall enter into any treaty,, alliance or confedera- 
tion; grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post Jacto law, or law impairing the 
obligation of contracts or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely neces- 
sary for executing its inspection laws; and the net produce of all duties 
and imposts, laid by any State on imports or exports, shall be for the 
use of the treasury of the United States; and all such laws shall be sub- 
ject to the revision and control of the Congress. 



^10 APPENDIX. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 

ARTICLE II: 

EXECUTIVE POWER, 

§ I. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and together with the Vice President, chosen for the same 
term, be elected as follows: 

MANNER OF ELECTING. 

Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors, equal to the whole number of Sena- 
tors and Representatives to which the State may be entitled in the 
Congress; but no Senator or Representative, or person holding an office 
of trust or profit under the United States, shall be appointed an elector. 

(The electors sh^ll meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of 
the same State as themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each; which list they 
shall sign and certify, and transmit sealed to the seat of the government 
of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
President, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no person 
have a majority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the Pres- 
ident, the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a majority of all 
the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the electors shall be the Vice President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 

by ballot the Vice President.*) 

♦Altered by the 12th Amendment. 



CONSTITUTION OF THE UNITED STATES* 211 

TIME OF CHOOSING ELECTORS. 

The Congress may determine the time of choosing the electorg, and 
the day on which they shall give their votes; which day shall be the 
same throughout the United States. 

WHO ELIGIBLE. 
No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that 
office who shall not have attained the age of thirty-five years, and been 
fourteen years a resident within the United States. 

WHEN THE president's POWER DEVOLVES ON THE VICE PRESIDENT. 

In case of the removal of the President from office, or of his death, 
resignation or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President, and the Congress 
may bylaw provide for the case of removal, death, resignation or ina- 
bility, both of the President and Vice-President, declaring what officer 
shall then act as President, and such officer shall act accordingly until 
the disability be removed, or a President shall be elected. 

president's COMPENSATION. 

The President shall, at stated times, receive for his services a com- 
pensation which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of them. 

OATH. 

Before he enter on the execution of his office, he shall take the fol- 
lowing oath or affirmation; "I da solemnly swear (or affirm) that I will 
faithfully execute the office of President of the United States, anC ^ill, 
to the best of my ability, preserve, protect and defend the Constitution. 
of the United States." 

POWERS AND DUTIES. 
§ 2. The President shall be Commander-in-Chief of the army and 
navy of the United States, and of the militia of the several States when 
called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive de- 
partments, upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and pardons for 
oifences against the United States, except in cases of impeachment^ 



21^ APPENDIX. 

He shall have power, by and with the advic« and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and consent 
of the Senate, shall appoint ambassadors, other public ministers and 
consuls, Judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, 
in the President alone, in the Courts of law, or in the heads of depart- 
ments. 

The President shall have power to fill up all vacancies that may hap<= 
pen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

§ 3. He shall, from time to time, give to the Congress information 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on extra- 
ordinary occasions, convene both houses or either of them, and in case 
of disagreement between them, with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper; he shall 
receive ambassadors and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission all the officers of 
the United States. 

OFFICERS REMOVED. 

§ 4, The President, Vice-President, and all civil officers of the 
United States, shall be removed from office, on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE in. 

OF THE JUDICIARY. 

§ I. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior Courts as the Congress may from 
time to time ordain and establish. The Judges, both of the Supreme 
and inferior Courts, shall hold their offices during good behavior, and 
shallj at stated times, receive for their services a compensation which 
shall not be diminished during their continuance in office. 

§ 2. (The judicial power shall extend to all cases, in law and equity, 
arising under thig Constitution, the laws of the United States, and 
treaties made, or which shall be m.ade, under their authority; to all cases 
affecting ambassadors, other public ministers and consuls; to all cases of 
admiralty and maritime jurisdiction, to controversies to which the United 



CONSTITUTION OF THE UNITED STATES. 213 

States shall be a party; to controversies between two or more States; 
between a State and citizens of another State; between citizens of differ- 
ent States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens thereof, 
and foreign States, citizens or subjects.*) 

♦Altered by the nth Amendment. 

JURISDICTION OF SUPREME COURT, 

In all cases affecting ambassadors, other public ministe-s and consuls, 
and those in which a State shall be a party, the Supreme Court shall 
have original jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the Congress shall 
make. 

OF TRIALS FOR CRIMES. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury; and such trial shall be held in the State where the said crimes shall 
have been committed; but when not committed within any State, the 
trial shall be at such place or places as the Congress may by law have 
directed. 

OF TREASON. 

§ 3. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid and 
comfort. 

No person shall be convicted of treason unless on the testimony ci 
two witnesses to the same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment of treason; 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

ARTICLE IV, 

STATE ACTS = 

§ z= Full faith and credit shall be given in each State to the public 
acts, records and judicial proceedings of every other State. And ttiC 
Congress may, by general laws, prescribe the manner in which such acts, 
records and proce^ngs shall be proved^ and the effect thereof. 

PRIVILEGES OF CITIZENS, 

§ 2. The citireus of each State shall be entitled to all privileges and 

immunities of cit:i*Qs to the several States. 



214 APPENDiXa 

A person charged in any State with treason, felony or other crime, 
who shall flee from justice, and be found in another State, shall, on de- 
mand of the executive authority of the State from which he fled, be de- 
livered up to be removed to the State having jurisdiction of the crime. 

RUNAWAYS TO BE DELIVERED UPo 
No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or regu- 
lation thereof, be discharged from such service or labor, but shall be deliv. 
ered up on claim of the party to whom such service or labor may be due. 

NEW STATES, 

§ 3, Nevv States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the Legislatures of the 
Sates concerned as well as of the Congress. 

TERRITORIAL AND OTHER PROPERTY. 

The Congress shall have power to dispose of, and make all needful 
rules and regulations respecting the territory, or this property belonging 
io the United States; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, or of any particu- 
lar State. 

§ 4, The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them against 
invasion; and, on application of the Legislature, or of the Executive 
(when the Legislature cannot be convened), against domestic violence. 

ARTICLE V, 

AMENDMENTS. 

The Congress, whenever two-thirds of both houses shall deem it nec- 
essary, shall propose amendments to this Constitution; or, on the appli- 
cation of the Legislatures of two-thirds of the several States, shall call 
a Convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this Constitution, when 
ratified by the Legislatures of three fourths of the several States, or by 
Conventions in three-fourths thereof, as the one or the other mode of 
{ratification may be proposed by Congress; provided, that no amendmen'. 
which may be made prior to the year one thousand eight hundred and 
<jight, stiall in any manner affect the first and fourth clauses in the ninth 
Section of the first Article; and that no State, wi::hout its consent, shall 
be deprived of its equal suffrage in the Senate. 



CONSTITUTION OF THE UNITED STATES, 



215 



ARTICLE VI. 

DEBTS. 

All debts contracted, and engagements entered into, before the adop- 
tionofthis Constitution, shall be as valid against the United States 
under this Constitution as under the Confederation. 

SUPREME LAW OF THE LAND. 

This Constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States shall be the supreme law 
of the land; and the Judges in every State shall be bound thereby, any= 
thing in the Constitution or laws of any State to the contrary notwith- 
standing. 

OATH.— NO RELIGIOUS TEST. 

The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial offi- 
cers, both of the United States and of the several States, shall be bound 
by o'ath or affirmation to support this Constitution; but no religious test 
shall ever be required as a qualification to any office, or public trust, 
under the United States. 

ARTICLE VIL 

The ratifications of the Conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so ratifying 

the same. 

Done iu Convention, by the unanimous consent of the States present, 
the seventeenth day of September, in the year of our Lord one thousj^nd 
seven hundred and eighty-seven, and of the Inder endence of the United 
States of America the twelfth. In witness whereof we have hereunto 
subscribed our names. GEORGE WASHINGTON, 

President and Deputy from Virginia. 

New Hampshire— ]dhn Langdon, Nicholas Oilman. Massachusetts 
—Nathaniel Gorman, Rufus King. Connecticut-\N\\\i^Ta Samuel John- 
son Ro-er Sherman. New F^ri— Alexander Hamilton. Aew Jersey 
—William Livingston, David Brearley, William Patterso^ Jonathan 
Davton Pennsvlvania—^tr\]2im\n Franklin, Thomas Mifflm, Robert 
Morris George 'Qmyer, Thomas Fitzsimmons, Jarea Ingersoll, James 
Wilson, Gouverneur Morris. Delaware- Gto'gQ Read, Gunnmg Bed- 
ford Tr John Dickinson, Richard Bassett, Jacob Broom, Maryland— 
Tames M'Henry, Daniel of St= Tho. Jenifer, Daniel Carroll. Virginia 
—John Blair James Madison, ^r. North Carolina— \\\\\i2.m Blount, 
Richard Dobbs Spaight, Hugh Williamson. South Carolina— John Rut- 
ledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler,, 
Georp-ia—Wi\\ia.m Few, Abraham Baldwin. 

Attest, William Jackson, secretary. 



216 APPENDIX. 

AMENDMENTS TO THE CONSTITUTIONo 

[The first ten amendments were proposed by Congress at their first 
session, in 1789, The eleventh was proposed in 1794, and the twelfth 
in I 803. J 

ARTICLE I„ 

FREE EXERCISE OF RELIGION, 
Congress shall make no law respecting an establishment of religion, 
or prohibiting a free exercise thereof; or abridging the freedom of speech, 
or of the press; or the right of the people peaceably to assemble^ and 
to petition the government for a redress of grievances. 

ARTICLE IL 

RIGHT TO BEAR ARMS. 

A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be infringed. 

ARTICLE III. 

NO SOLDIER TO BE BILLETED, ETC. 
No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner; nor in time of war, but in a manner to be pre- 
scribed by )awo 
; ARTICLE IV. 

UNREASONABLE SEARCHES PROHIBITED. 

The right of the people to be secure in their persons, houses, papers 
and effects, against unreasonable searches and seizures, shall not be 
violated; and no warrants shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized.. 

ARTICLE V: 

CRIMINAL PROCEEDINGS.. 

No person shall be held to answer for a capital or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the militia, when in actual 
service, in time of war or public danger; nor shall any person be subject 
for the same offense to be put twice in jeopardy of life or limb; nor shall 
be compelled, in any criminal case, to be a witness against himself; nor 
be deprived of life, liberty or property, without due process of law; nor 
shall private property be taken for public use without just compensation. 



CONSTITUTION OF THE UNITED STATES, 217 

ARTICLE VI, 

MODE OF TRIAL, 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be cojifronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor; and to have the assistance of counsel for his defense. 

ARTICLE VIL 

RIGHT OF TRIAL BY JURY, 

In suits of common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved; and no fact 
tried by jury shall be otherwise re-examined in any Court of the 
United States than according to the rules of the common law, 

ARTICLE VIII. 

BAIL. — FINES, 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX, 

RIGHTS NOT ENUMERATED. 

The enumeration in the Constitution of certain rights, shall not be 
construed to deny or disparage others retained by the people, 

ARTICLE X, 

POWERS RESERVED, 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respect- 
ively or to the people. 

ARTICLE XI. 

LIMITATION OF JUDICIAL POWER. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity commenced or prosecuted against one 
of the United States by citizens of another State, or by citizens or 
subjects of any fo reign State. 



218 APPENDIXo 

ARTICLE XII, 

ELECTION OF PRESIDENT. 

The electors shall meet in their respective States, and vole by ballot 
for President and Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State wiih themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots the per- 
son voted for as Vice-President; and they shall make c'istinct lists of all 
persons voted for as President, and of all persons vo^ed for as Vice- 
President, and of the number of votes for each, whicl.\ list they shall 
sign and certify, and transmit sealed to the Seat of the Government of 
the United States, directed to the President of the Senate; the Presi- 
dent of the Senate shall in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted; the person having the greatest number of votes for President 
shall be the President, if such number be a majority of the whole number 
of electors appointed; and if no person have such a majority, then from 
the persons having the highest numbers, not exceeding three, on the 
list of those voted for as President, the House of Representatives shall 
choose immediately by ballot the President. But in choosing the Presi- 
dent, the vote shall be taken by States, the representative from each 
State having one vote; a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States and a majority of all the 
States shall be necessary to a choice. And if the House of Representa- 
tives shall not choose a-President, whenever the right of choice shall 
devolve upon them, before the fourth day of March next following, then 
the Vice-President shall act as President, as in the case of death or 
other Constitutional disability of the President. 

The person having the greatest number of votes as Vice President 
shall be the Vice-President, it such number be a majority of the whole 
number of electors appointed; and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for the purpose shall consist of two-thirds of 
the whole number of Senators, and a majority of the whole number shall 
be necessary to a choice. 

But no person Constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 
[Ratified in 1865.] 
ARTICLE XIII. 

§ I. Neither Slavery nor involuntary servitude, except as a punish- 
ment for crime, whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction, 

§ 2. Congress shall have power to enforce this article by appro- 
priate legislation. 



CONSTITUTION OF THE UNITED STATES* 219 

[Ratified in 1868.] 
ARTICLE XIV. 

§ I. All persons burn or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United States, and of 
the State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges and immunities of citizens of the 
United States. Nor shall any State deprive any person of life, liberty 
or property, without due process of law, nor deny to any person within 
its jurisdiction the equal protection of che laws, 

§ 2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the v/hole number of 
persons in each State, excluding Indians not taxed ; but whenever the 
right to vote at any election for electors of President and Vice-President, 
or United States Representatives in Congress, executive and judicial 
officers, or the members of the Legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years of age, and 
citizens of the United States, or in any v/ay abridged, except for partici- 
pation in rebellion or other crimes, the basis of representation therein 
shall be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens twenty-one years of 
age in that State. 

§ 3. No person shall be a Senator or Representative in Congress, 
elector of President and Vice-President, or hold any office, civil or mili- 
tary, under the United States, or under any State, who, having previ- 
ously taken an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, or as an execut- 
ive or judicial officer of any Slate, to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof; but Congress 
may by a vote of two-thirds of each House, remove such disability. 

§ 4. The validity of the public debt of the United States author- 
ized by law, including debts incurred for the payment of pensions and 
bounties for service in suppressing insurrection or rebellion, shall not 
be questioned; but neither the United States nor any State shall assume 
to pay any debt or obligation incurred in aid of insurrection or re- 
bellion against the United States, or any claim for the loss or emanci- 
pation of any slave, but all such debts, obligations, and claims shall be 
illegal and void. 

§ 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 



220 APPENDIX. 

[Ratified in 1870.] 
ARTICLE XV. 

§ I. The right of citizens of the United States to vote shall not he 
denied or abridged by the United States, or by any State, on account 
of race, color or previous condition of servitude. 

§ 2. Congress shall have power to enforce this Article by appro- 
priate legislation. 



^ 



INDEX, 



STATE GOVERNMENT. 

PAGE. 

Adjutant -General. Ill 

Administrators, public „ 109 

Agriculture, State Board of 103 

Aldermen , , . . „ 77, 78 

Annual Town Meeting ,...<, 67 

manner of voting 67 

miscellaneous business , 68 

moderator ; 67 

Appellate courts , 47 

decision , 47 

districts 47 

jurisdiction „ . ..o 47 

Appointment, town board of 74 

Appointments, executive . , . . „ , , , . . . 40 

Apportionment of school funds 84, 87, 91 

Assessor , „ . . 72 

Asylum for feeble-minded children , icx) 

Attorney-General , 44 

Auditor of Public Accounts 43 

Auditors, town board of 74 

Base line in surveys 9 

Blind, Industrial Home for the „ loi 

institution for the , . . . . 100 

Boards of Education , ,,„ 97 

Boards of State institutions , , 98 

Boundary of Illinois , 8 

Capitals of Illinois , , 7 

Charitable institutions 99 

Charters, special prohibited ..t......ft.,..t.,t,».,.. 31 

(221) 

15 



222 INDEX. 

PAGE. 

Circuit Clerk _.„. 48 

courts ...,,... o ..,., , 00 0.0 48 

circuits , 48, 119 

jurisdiction , ...,..,... . , 48 

Cities and villages , . , . . o <. 77 

City attorney. ..,..,...,.. , , 80 

clerk „ . , „ 79 

council 77, 78 

courts , 80 

marshal 81 

Collector, county , „ , 85 

town , . . . y2 

Commission of Claims „ 108 

Committee of the Whole „ 26 

Comptroller 80 

Compulsory education 96 

Constitution of Illinois 8, ' 133 

Convict labor loi 

Coroner 66 

acts as sheriff when 66 

Corporation counsel 80 

Corporations, kinds of 42 

Correction lines ii 

Counties, relation to State 51 

County board yo 

clerk 60 

commissioners, board of 59 

court 63 

government 56 

organization 54 

seats 31 

superintendent of schools , 87 

Courts of Cook county 49 

Credit, State cannot loan , 33 

Cruelty to animals, officers to prevent 107 

Deaf and Dumb, institution for the 100 

Deeds, commissioners of » . , 109 

how recorded . „ 6i 

Departments of government , ...- 17 

Directors, school .....<, , .... ..o ... . 93 



ILLINOIS. 228 

PAGE. 

Directors, duties « * . . . 94, 95 

election , , . . „ „ . . 93 

organization „ „ „ . . . 94 

Districts, appellate court , . 47, 1 19 

congressional , 113 

road _ . . . 73 

school , 91 

senatorial „ 18, 1 14 

supreme court „ „ , „ 45, 1 18 

Double corners in surveys , 12 

Drainage , 36, 73 

Educational institutions 98 

Election law, new .' 158 

Equalization of taxes, county ... 59 

State board of 103 

town board of 74 

Executive department, cities 78 

county 59 

State ...c... 37 

town 70 

Eye and Ear Infirmary , ;oo 

General Assembly 17 

adjournment , 27 

contempt of 26 

expenses , 32 

extra session 39 

how designated 18 

journals , 27 

members (see members of General Assembly.) 

membership , 22 

officers 23 

open doors 26 

quorum. , 22 

rules 22 

time and place of meetiDg 18 

Governor c 39 

eligibility 38 

executive power 39 

message , 39 

veto c , 29 



224 INDEX. 

PAGE. 

Grain inspectors. , „ 104 

Grand Divisions, supreme court . _ 45, 117 

Guide meridians , , . . , ;. . . 12 

Health, State board of , 102 

public in towns , , <,..,.., 69 

town board of , . , , , . . , 74 

Highway commissioners , , . , , 72 

Historical sketch of Illinois 7 

Historical library » 106 

Homestead and exemption laws 37 

Hospitals for the insane. . , , 99 

House of Representatives: 

clerk , , 24 

committees , , . . „ „ <,.......... 23 

doorkeeper .... , 24 

enrolling clerk „ , . , 25 

employes = » . . . 25 

number of representatives , . , . . 18 

organization 25 

postmaster , = . . * =. . . o 25 

speaker , , 23 

Illinois, survey of » , 14 

territory , 7 

Impeachment, officers liable to . . , 34 

power of o 34 

punishment , , 34 

trial of o » 34 

trial of Governor 34 

Indebtedness, release of, prohibited <, 32 

of State, limited 33 

Indiana Territory .• 7 

Inspectors of coal mines 107 

■Judges, appellate 47 

circuit , 4^ 

county. e. • 6^ 

probate , » 64 

supreme , 4.5 

Judicial department, cities 80 

county > "^ 



ILLINOIS. 225 

PAGE. 

Judicial department, State 45 

town , , , „ o . . . . o . . 75 

Jury, grand , o ..,.,.. , 49 

petit 00, , 49 

Justices of the peace « . . . » 75 

appointed for Cliicago „ , 75, 108 

jurisdiction .,..,.. . . „ „ . 75 

preliminary examination , 75 

Labor statistics, bureau of , , , , , 105 

Land, descriptions abbreviated , , „ „ 16 

how described , 13 

how divided 9 

Laws, revived or amended 29 

distribution of „ ^ 42 

must be printed, when 28 

one subject 28 

originate, where , , - . 28 

signatures o 28 

special, prohibited ,..0.0 30 

style of o o . . . . o o 28 

take effect, when , . , o . . . . , » » » 29 

three readings , „ « 28 

veto . . , „ „ 3 c 29 

voted upon, how » „ . c o c . , a8 

Legislative department, cities, ..» . o » „ => o 77 

county , .,.,...., 56 

State 17 

town o o, 67 

Lieutenant Governor o 41 

president of senate „ ....... o 41 

successor to Governor , 41 

Lincoln Homestead Trustees 106 

Live stock commissioners , ..,..., , 106 

Lotteries prohibited <, 36 

Master in Chancery . . „ <, , ^ 48 

Mayor , ,,,, , , ,.,... 5^8 

message , . . . , , 79 

Members of General Assembly ,...., 18 

disabilities , , , 21 



22d INDEX. 

PAGE, 

Members, election ..».,.,.,,.......».,,,,.,,,....., » i8 

eligibility ....„,, , , . o . . » . . . . . . . , ,0.0,,... 20 

expulsion ..,......„„, , , <, » . , . « , , 26 

oath , <, o o . o o . , , . , , . o . , a . o o . o . . .00.0.,.,. 20 

pay .. = .,.... 0.0...,,., 0.0. .a... ,„ 21 

privilege „ , <,...,, o. 21 

protest CO..,,.., o c c c o > o o . . o o . , „ « . o 27 

term.. » ..»«,.»<> oco aooo«. e = oo,^o» 00 20 

vacancies .... o.. o ,.,,..<,.. c . .... o c o o. o 19 

Militia ,.,..., I lo 

Miners, protection of 36 

Minority representation , 19 

Miscellaneous 98 

Misdemeanor, defined 75 

Natural history museum ic6 

Northwest Territory 7 

Notaries public 109 

Officers: 

appointed by Governor , 102, 104, io5 

county executive , . , 59 

, county judicial , 62 

house of representatives 23 

senate <, 23 

State, election of . . , 37 

Pay, extra, prohibited , .,,.... 33 

Penal and reformatory institutions , , .....„, loi 

Penitentiary, Illinois State loi 

Southern Illinois. o . ^ o loi 

Pharmacy, board of ........,<,.,.. 108 

Plan of Government .<.. .......... ....<. -. ..» '7 

Plumping o ........... ' ...00. 19 

Police magistrates ,..,........., ... .......•.'>. 80 

Principal meridian o . » 9 

Principal meridians, location of ,,.... , - 13 

Printer expert ..,.,...,.. o. ... ....o ....,,, 102 

Privileges, special, prohibited ,.....,......,,.... v 3;? 

Probate court ....,,.., ^ . . 64 

Public c: arities, commissioners of .............. ........ o^ ..... . iO| 

Public land ...-.....,..,, o,..«. ,«-..».....•♦ • f 



ILLINOIS. 227 

PAGE. 

Public moneys and appropriations..,,,,,,.,,.., , 32 

Railroad, Illinois Central .. ....o.,,,.o.o ......,,. Iii 

Railroad and warehouse commission .,..,. o . o , o,., c. 104 

Ranges in surveys . , o .. o,..o ........ ..,,.. ,,,... 14 

Recorder of deeds ...,........,....<,.,.,,..,.,..», , . , . , 61 

circuit clerk recorder, when , ,,..,...,,-,00.0. 48 

Reformatory, State = . , . . , „ , ,<,......- 102 

Reprieves and pardons o . . . . <. 40 

Returning board, State, . . . . , o » » . . 103 

School funds, _ , , 83 

distribution of , , , 84 

School sections o = . 15 

School system 82 

origin , •. , 82 

relation to State. . . ,,,....,..,,, 83 

Secretary of State ^ 41 

Secretary of the Senate ...... o 24 

Sections , .,.. ,0,, 10, 15 

Senate. . . , ,,...,... 0,0 , „ 17 

Sergeant-at-arms o .. .......<...... . , 24 

Sheriff o ..... ,0. « <, . <= o 64 

deputies .o. ... o .... . , . « , o o o . ,,.,.. 65 

Soldiers' and Sailors' Home ....,.....„,. o . o o.„ ^-o c, , loo 

Soldiers' Orphans' Home .........<..,.. o . o c o c 0= _ ........... lOO 

State boards o . o .. e » o o « o o o o ,. r ^ . . a . c c . » . . . . I02 

State contracts , 000 . ..coooo.f , ,,, . <. ..co,. . = . . . . 35 

commissioners of. . . . , . , „ a o o , „ ^ - o « . . , . ^ o . o o „ . = , . . . . . . . . I02 

State entomologist , o .„<. o ... s . o »,. o c o . ....... o , 1 10 

State geologist ..............„...,, = . , o , » » » o , .„„.... » 106 

State government,.... ,<,.oo oe.o... 17 

expenses of „.,.... 32 

State horticultural society .......,„...,,.... 107 

Statehouse, new o.... ..o ,,...<,,,,.. .^ . 37 

State library, commissioners of . , ,...,.........,..,,,... 106 

State's attorney . . . , ......0.0................. 65 

State superintendent , ..,,,,,,.,...... 86 

Streets, superintendent of 80 

Superintendent of banking department ..,,.,..., 109 

Supervisor . , .,.,.,, » . , . , , 70 



228 INDEX. 

S»AGE. 

Supervisors, assistant , , o 71 

board of o .,.<,... , o o o » ..... ^ 56 

Supreme court » « <,,,., o » 45 

Surplus revenue. ., , „ , , , , „ ,...». o ... , 84 

Surveyor, county ....0,00,., 62 

Term of office, not to be changed when ....<,...„..., 36 

Town boards .. ..o o , ... ..... ..... ....o o ... o . o .,,....,.... 74 

clerk ,.,,....... o...,,... .*•...,,... 71 

government ..,.<,..., ..o ......<,..,.,,. , ...,,,„ 67 

meetings, special, .......<,........ 69 

Towns, incorporated , , . . » 54 

organized o .,,..., 52 

Township high school ,....,....♦.. o,,, , 92 

lines o ..,o....» ....... o.„ 9 

organization ., ......<..„,.<..... , , . 53 

survey system ...,...,,. ...s. 9 

Township, congressional .... o».. <)<.»...... 10 

how described .,....,<,.<,., 13 

school . . . . o e a • 52 

Treasurer, city 79 

county . o . o ....,..„,...,,.. o o ..... o ...... o 61 

highway commissioners. .... . 72 

State o . 44 

township, ............. ..o. o... 92 

Trustees of schools .......<. 90 

University of Illinois <> • • 99 

Illinois State Normal 98 

Southern Illinois Normal, •• • 98 

Veterinarian, State „ 108 

Villages, trustees of... .., o........ ° 81 

other officers o 81 

Voters, who are legal o ..... o 69 

Wards in cities 7^ 

Weigh master, State o - X04 

Weights and measures .••.......•• « 42 



NATIONAL GOVERNMENT. 229 

PAGE. 

Accidental president , 143 

Alliances of States prohibited 1 54 

Amendments to constitution , 156 

Appointments, executive , 145 

Apportionments, congressional 124 

Army 136 

Articles of Confederation 121 

Attorney-General 148 

Bankruptcy „ . , 134 

Circuit courts, judges 152 

jurisdiction 152 

Citizenship 153 

Civil rights , . , 139, 155 

Coasting trade 139 

Commerce 133 

Congress , , 123 

adjournments 131 

journals 130 

limitations 138 

meetings „ 130 

'Kiembers (see members of congress) 

membership 130 

powers , 132 

quorum , , , I30 

rules a.9o«<. 130 

yeas and nays . . , , .,,. = .«» 131 

Constitution <. »..,,.<=«».. 122, 204 

Copyrights and patents 135 

Counterfeiting .,.,.. 135 

Courts, circuit 152 

district 153 

inferior 136, 149 

supreme 152 

Custom house , 148 

Debts, illegal , 155 

public 157 

Declaration of Independence 121 

Departments, executive , 147 

heads of 147 

interior , , , 149 



230 INDEX. 

PAGE. 

justice „ 148 

navy , I49 

post-office. 149 

State , 148 

treasury 148 

war , , o 148 

District courts, judges o . . 153 

Jurisdiction , 153 

District of Columbia 137 

Duties 132, 139, 154 

Electoral count bill , , 141 

Executive department , , 139 

Expenditures , 139 

Exports, duties on, prohibited , , , , , , , 139 

Grand jury, indictment by 151 

Habeas corpus , , , 138 

High seas , . . 186 

Historical sketch ,, , 121 

House of representatives. , 123 

officers >...*....... 126 

Impeachment 126 

trial of 129 

Indirect taxes » . • = 132 

Internal revenue, bureau of 148 

Interior department, ,. I49 

Inter-State commerce .,.,,,..., 133 

Judges . , o > 150 

Judicial department. 149 

Judicial power , ,.. 149 

Jury 151 

Justice, department of 148 

Law of nations 136 

Laws, ex post facto , 138 

Legislative department , 123 

Limitations on the States 154 

Marque and reprisal. , .. 136 

Members of Congress , 129 

disabilities 131 

election 123, 127 

eligibility 123, 128 

oath , 131 



NATIONAL GOVERNMENT, 231 

pay...... .oo.o.,o.o,...,...,, ........ coco, ,.._,. 138 

privileges o ..»...„..„ ,..,., » .......... 131 

Militia .,.,,.. ...,..,.,..... . 137 

Money, borrowing of „ , 133 

coining of o ... .0... ........ ..o, .... , 134, 154 

Naturalization ....,...,..,.. 133 

Navy o .. c « 136, 149 

Nobility, title of , ................;...,.. I55 

Patents o ..» ..........<>.,. 135 

Personal rights ,,...,„.. 150, 155, 157 

Piracy ,. , , 136 

Post-Office department , „ „ 135, 149 

Postmasters, how appointed .»..,,.. • 135 

Powers of Congress ..... <> 132 

President ,, ........... . 139 

commander-in-chief. ...... ,..,.o ,....,,..... . .,.•.. . . 144 

eligibility ..................... c . . ............ 142 

how chosen. ..„,...„....„...•.....,„...„. 139 

message ....... o «, - 146 

oath ,.„ ,,,..... .ao. ........ ...,o. .. .c. .. , 144 

salary .... ....... o ......... c 149 

veto ...,....,,.,. o <, o . o ..000,... 146 

''residential succession. ...„....,,.= .., 142 

Presidents' cabinet ............ .,,... .......... . 149 

Religion, freedom of ...„.„. „,o, .... . = ........ ................. . 139 

Representation. ,.........„.,,.. ,...,,....,...=.......... 153 

Reprieves and pardons „....o ............ ,o.„ ............ . 144 

Requisitions ... c ........... ...... ............................ . 154 

Revenue, bills for ........ ........ .,....„, ... ... ..o .... ....... . 127 

Rights reserved ........................... o c «» o ...» . .......... . 144 

Secretary of Interior. .......... „.o., ...... ...o ..... .0. .... . ... 149 

Navy...... ............... .0 o. .... 000 .0, ............. . 149 

State .... o ... .... o 0.0...- 0.0. .. ...CO. a,. ............ . 148 

Treasury ..... ........... o . ..... ...... ...... ..o c .o„ .... . 148 

War........... „„,.....,..,,.... 00. o................... 148 

Senate oc. ...... . 126 

executive powers ... ....... .............. .,.,....., . 130, S45 

officers ..o..,. .,0... o.oc. ., . ....00. ....... 129 

Senators .... o <, o .....,.«. o . ...... o 127 

eligibility. ... ,.,..o ....... .oco.ooo .o.. .. ..o.. ......... . 12S 

hovir chosea ......... ., ». c . .«...,«. * «... o,., , ...... 137 



232 INDEX, 

Slavery «... o.. c = „ o ... o , , . o . . . . c . . o o o . o 125^ 157 

State, department of . . , . »o . .o c. » o. .oo 148 

States, admission of ....... .„.,.., ............ » 155 

limitations on .... o c o o . ....... o .» - . ..... ..o .... . 154 

rights of ,0. ... ... .. o o~,.... 153 

Supreme court, judges ., .... o 00.. ^ 152 

jurisdiction ..,,.. „ = « . , s e c . ^ 15^ 

Supreme law ..o ,<.„=, <, 157 

Taxes and duties ..,,. .,0 o ... ....... c ...... ...,,0 c ............ 132 

Tenure of office bill ..„..,.. o . ... ............... o 145 

Treason ... e ..... . ....... 151 

Treasury, department of .....,....„,. 148 

Treaties .c ............... 0.0 .......... .0 , .... 144 

Vacancies , ..,.........*'" ' 126. 146 

Veto . „ . . o 146 

Vice-President „ 129, 140 

War ............... o 148, 154 

power to declare ........<,...... 136 

"Weights and measures. , .... -,.... o .. ...» o.. 134 



Lessons in English. 

FOR INTERMEDIATE GRADES. 

By J. N. Patrick, A. M. 

In the preparation of this work Professor Patrick kept in mind 
two facts: First, that pupils eleven and twelve years of age can 
think. Second, that only those exercises which require thought 
on the part of the pupil lead him to a correct use of language. Les- 
sons in English follows the inductive plan of instruction. It is con- 
cise in statement. It provides more work for the pupil than other 
first books. The quality of the work furnished is of a high order. 
It is free from conceptions and confusing comment. It is believed 
that this book is a proper introduction to the author's Essentials of 
English. i2mo. Cloth. i6o pages. For introduction, 35 cents. 



ESSENTIALS OF ENGLISH. 

FOR SCHOOLS, ACADEMIES AND INSTITUTES. 
By the author of i^essons in engIvISh. 

This book is a departure from the stereotyped past. It substi- 
tutes sentence building for the usual comments, illustrative sen- 
tences for the usual technicalities, and the topical plan of presenting 
a subject for the usual sprinklings of it throughout an entire book. 
It is rich in illustrative matter, and contains all the technical gram- 
mar needed in graded and country schools. It is worthy the at- 
tention of teachers, if they wish to drill thoroughly and effectively 
on that which is essential in English and that alone. The author 
does not profess to have developed a brand new system of "lan- 
guage lessons," neither has he embodied in his books the minute of 
grammatical analysis and parsing. The part that treats of common 
errors of speech, and that which treats of letter-writing are particu- 
larly good. In brief "no effort has been made to produce an ex- 
haustive treatise for the few, but a book of essentials for the many." 
The book has received very strong commendation. Cloth. 224 
pages. For introduction, 50 cents. 

We earnestly recommend that teachers examine this course 
in language with reference to its adoption for class use. 

A. KIvANAQAN, CHICAGO. 



TWO MORE 

Nature Study Books. 

SCOTT'S NATURE STUDY. ~ 

Prepared under the directions of CHARLES B. SCOTT, Supervisor 
of Nature Study in St. Paul Schools. More than 40 pages, 6x9^ ins., 
with over 50 illustrations. 

IT contains: 

SUGGESTIONS FOR OUT-DOOR NATURE STUDY AS FOU 
LOWS: 

Geography—SANFORD Niles. 

Plants — Charles B. Scott, Supervisor of Nature Study, St. Paul. 

Trees— Prof. A. C. Apgar, Author of "Trees of the United States." 

Birds— L. B. Wilson. (With illustrations from "Our Common Birds and 
How to Know Them"). Especially prepared articles, 1,000 words each, 
by John Burroughs and Olive Thorne Miller, authors who are 
known by all our best teachers, and who, when read, are loved by 
everyone. 

Insects — Ants, grasshoppers, bees, etc. Prof. Otto Lugger, Entomol- 
ogist of the U. S. Experimental Station and University of Minnesota. 

Common Mammals — Bats, rats, mice, squirrels and rabbits. Prof. Wm. 
T. Shaw, Guelph, Ontario, Canada. 

Literature to Correlate with Nature Study. Sarah L. Arnold, 
Supervisor of Primary and Graded School Work, Minneapolis, Minn. 
Choice bits of literature, etc. 
Worth many dollars to any teacher. Price $0.25 

AN INTRODUCTORY GUIDE IN NATURE STUDY. 

This is arranged to conform to the Chicago course of study, giving 
easy suggestive questions that will enable any teacher and almost any 
pupil to gain a very fair knowledge of the work indicated to be done 
m the course of study. It is simple and practical. While objections 
may be made against putting text books for this line of work in the 
hands of pupils, no such objections can be raised against this little 
work. The pupil is given the least possible aid that will lead him to 
obtain ideas of nature for himself by observation and thought. 

Teachers well know the time and labor it requires to get this work 
properly started. Pupils do not know how nor when to begin. 
They forget instructions, etc., etc. It is to avoid these things that 
this little work has been compiled. As a constant handbook lor the 
pupil in making a start in this work, its value cannot be O'/erestimated. 

Ideas once properly started flow more freely, and if properly guided 
will usually follow each other in rapid succession. The trouble is 
though to get the ideas started. We earnestly believe that this little 
work will be of great aid to both teachers and pupils in doing this. 

The subjects of observation are within the reach of pupils in any 
locality, no matter what the conditions maybe. Ample opportunity for 
extension according to the environments is given by blank space at 
the end of each topic. Price $0.25 

For class use a low price will be made. 

A. FLANAGAN, 
262 Wabash Ave., CHICAGO. 



"Universal Arithmetical Papers/* 

FOR REVIEW— FOR EXAMINATION. 

** Fflscinatiiig as a Story Book." 

DESCRIPTION. 

Series i. Contains 50 papers of five problems each, in every imagin- 
able combination of the fundamental rules. Furnishing an excellent <&ill 
even for advanced pupils. 

Series 2. Contains 50 papers of five problems each, involving ey%tj 
principle of Common and Decimal Fractions and Denominate NumbsrSj, 
usually presented in Practical Arithmetics. 

Series 3. Contains 50 papers of five problems each in every applica- 
tion of Percentage found in Practical Arithmetics. 

Series 4. Contains 50 papers of five problems each, in Fractions and 
Denominate Numbers, more difficult than those in series 2, and problems 
in Square and Cube Root and Mensuration. 

Series 5. Contains 50 papers of five problems each, in all subjects, 
and more difficult than any of the preceding. The mastery of this series 
implies the highest order of arithmetical skill. 

ADVANTAGES. 

They save the teacher hours of drudgery in the preparation of suitable 
problems and examination of work. 

They inspire the pupils with the highest enthusiasm. 

They confirm the principles taught in the text-book, 

They furnish the greatest variety of problems. 

The problems being different, THERE IS no copying. 

They afibrd the readiest and simplest means of examination. 

They serve as a review, with none of its distaste. 

They arouse the pupils's interest and ambition. 

They furnish the best possible test of the pupils' relative stan3ihg. 

They are printed on separate papers 7 by 3^ inches, in large clear 
type, with answers on a separate sheet, secured in a strong envelope. 

PRICES. 

Any one of the five Series, with answers to the problems, together with a detailed 

plan for obtaining the best results, sent post paid on receipt of. $ 25 

The five Series sent to one address, at onetime i 00 

Bour Series sent at one time to any person who has previously ordered one series... 85 

J^^ Sent post paid on receipt of price. 

A KEY 

stontaining full solutions to problems of Series 2, 3, 4 and 5, sent post paid on receipt of 
75 cents, Olive cloth, 152 pp. 



BROWN'S ELOCUTION AND ORATORY, 

BY I. H. BROWN, A. M. 

A practical and comprehensive MANUAi; OF VOCAI< AND PHYSICAIV CUli. 
TXJR:E, treating the subjects of Respiration, Articulation, ll^xpression, Action, 
Grotiping, Original Discourse and Extemporaneous Speech, from a scientific 
"itandpoint. 328 pages. Price $1.00 postpaid. 

A. FLANAGAN, CrtlCAao. 



Outlines in M^ 

Ancient Mediaeval ^fe 
and Modern History 

By S. LAURA. ENSIGN, A. M, 

^-^ Formerly Professor of Geography. 

/^^^^^__ _y5^^ History and Civics in the State. 

N\@))^ ism^l Normal School, Cedar Falls, Iowa. 

^^^=^ ^^^ now of Stanley Hall. 

Minneapolis, Minn. 

FOR THE USE OF TEACHERS AND PUPILS. 

The largest, most complete and best General History Outlines published 

New Revised and enlarged Edition. It contains 265 
pages of Outlines, Maps, Pronounciation of all dif&i- 
CUlt Proper Names, and was prepared for the use of teach- 
ers and pupils persuing the study of history by the topical 
method. An attempt has been made to put a good deal of in- 
formation in the terse statements, especially on points not apt 
to be given in text-books. The outlines are to be used simply 
as guides in the study of history. They are adapted to any 
text or reference books to which the pupils may have access. 
At the close of a country or century, list of reference books 
are given to which the author made frequent reference in the 
preparation of the outlines. Ten maps are given upon which 
every place of importance mentioned in the Outlines is shown. 
There ■ are also about 50 pages of blank paper through the 
book for recording of notes, etc., by the pupil. 

Board covers. Price, 60c. Low rates for class use. 



FOR PUPILS 

Ensign's U. S. History Outlines. 

Pupil's Edition. An Outline and Note Book for 
Pupils of Advanced Grades. Contains Outlines, Notes, 
Questions and Suggestions on U. S. History, Blanks to be 
filled by the pupils, Skeleton Maps of Important Campaigns^ 
lyist of Cabinet Officers, Chart showing Times and Duration 
of Power of all Political Parties, etc., etc. Also 24 pages 
blank paper for additional notes. Price, 20C. For class use 
these will be furnished, prepaid, at 15c. each. 

An Outline and Note Book for Pupils of Gram- 
mar Grades. Practically the same as above but with notes 
and outlines less full, and no blank sheets. Excellent for 
country schools and grammar grades of city schools. Price, 
15c. For class use it will be sent, prepaid for lac. per copy. 

All above published by A. FLANAGAN, CHICAGO. 



ilrEK^^y ^^ CONGRESS M 

027 272 396 5 



